Martin R. Lueck
Experience
- Chair of the Business Litigation group through early 2009 and has served on the Executive Board at the firm since 1996.
- Trial lawyer experienced in civil trial and appeals, arbitration and administrative hearings of all types in the substantive areas of commercial litigation, patent, antitrust, and competition law.
Selected Results*
Represented ExxonMobil Chemical Company on patents involving unique polymers. Assisted the Company in reaching resolution with a licensee.
Electromotive Division of General Motors Corporation v. Transportation Systems Division of General Electric Co., et al.: Defended General Electric in a patent infringement action brought by General Motors involving planetary and compressor bearings used in diesel locomotive engines. Summary judgment which found invalidity of the patents on the basis of on-sale bar was upheld by the Federal Circuit in Electromotive Div. of General Motors Corp. v. Transportation Systems Div. of General Elec. Co. , 417 F.3d 1203, 75 U.S.P.Q.2d 1650 (Fed. Cir. 2005).
Federal Trade Commission: In the matter of Union Oil Company of California. In defense of Section 5 antitrust allegations brought against Unocal based on reformulated gasoline patents. Initial decision granted November 25, 2003 in favor of Unocal.
Eolas Technologies, Inc. and The Regents of the University of California v. Microsoft Corporation: Co-lead counsel on behalf of Eolas Technologies, Inc. and the Regents of the University of California, in action for patent infringement of web browser technology for the delivery of interactive applications embedded in web pages. The case was tried in United States District Court, Northern District of Illinois, Eastern Division, Chicago, Illinois, Zagel, Judge. Jury verdict in favor of Eolas and the University of California, on issues of infringement, validity, and damages in August 2003, in the amount of $520.6 million. On January 14, 2004, the court entered judgment for $565,894,868 which includes the amount of the original verdict plus prejudgment interest. On appeal, the Federal Circuit affirmed the finding of infringement and the damages award, and ordered that Microsoft's invalidity and inequitable conduct defenses be retried. The case settled on a confidential basis four days before the start of the invalidity trial.
Honeywell Inc. v. Victor Company of Japan and U.S. JVC Corp.: Trial counsel on behalf of Honeywell Inc., in action for patent infringement of color filters in video cameras. The case was tried in the U.S. District Court, Minnesota, St. Paul, Minnesota, Frank, Judge . Jury verdict in favor of Honeywell for $30 million, which reflects royalties of two percent of JVC’s sales of the accused camcorders to calculate past damages for the unlicensed use of the technology.
UNOCAL Corp. v. ARCO, Chevron, Exxon, Mobil, Shell and Texaco: Member of trial and appellate team in action for patent infringement of UNOCAL’s patent on gasoline fuel, tried in the United States District Court for the Central District of California in Los Angeles, Wardlaw, Judge. Jury verdict in favor of UNOCAL on liability, October, 1997, in the amount of $69 million, affirmed by the Federal Circuit Court of Appeals.
Fonar v. General Electric Co.: Co-lead counsel in action for patent infringement of two magnetic resonance imaging patents, tried in United States District Court for The Eastern District of New York, Wexler, Judge. Jury Verdict May, 1995, $110,575,000, affirmed on appeal, United States Circuit Court of Appeals for the Federal Circuit, February, 1997 in the amount of $128.5 million. (902 F. Supp. 330 (E.D.N.Y. 1995); 107 F.3d 1543 (Fed. Cir. 1997); cert. denied 522 U.S. 908 (1997).
Sofamor Danek Holdings, Inc. v. U.S. Surgical Corp.: Trial counsel for Sofamor Danek in action for infringement of patent involving surgical method for patent 5,741,253, trial in United States District Court for the Western District of Tennessee, Gibbons, Judge. After jury verdict on liability, matter settled during damages phase on undisclosed terms. (Civil Action No. 98-2369 GA).
Ergonomics, Inc. v. Microsoft, Inc.: Lead counsel in action for patent infringement against Microsoft relating to ergonomic computer keyboards in the United States District Court for the Eastern District of Virginia (the "Rocket Docket"). Matter concluded without necessity of trial (April, 1996).
Honeywell v. Victor Company of Japan, LTD. and U.S. JVC Corp.: (Appeal No. 01-1436, United States Court of Appeals for the Federal Circuit). (Appeal No. 01-1436, United States Court of Appeals for the Federal Circuit).
Advanced Communication Design, Inc. v. Premier Retail Networks, Inc., (Case No. 01-1271, 1272, United States Court of Appeals for the Federal Circuit) (Sept. 23, 2002).
Recognition
- Named a "Super Lawyer" by Minnesota Law & Politics (2009) **
- Selected as one of "40 Minnesotans on the Move," Finance and Commerce (2009) **
- Listed in Marquis Who's Who in the World (2009) **
- Named one of "500 Leading Lawyers in America," Lawdragon (2008) **
- Ranked #1 in Minnesota for Litigation: Intellectual Property in Chambers USA (2008)**
- Named a “Super Lawyer,” Minnesota Law & Politics (2006) **
According to Chambers USA’s profile "Martin Lueck is an IP litigator known to be 'very good at boiling things down for juries.' This has led to some 'spectacular results for clients,' including Honeywell, and a jury verdict in favor of Eolas Technologies and the University of California on issues of infringement, validity, and damages in the region of $520 million. Keen to stress that these are not freak results, peers enviously noted that 'he wins a lot.'"
- Listed in "The Best Lawyers in America" (2006, 2007, 2008, 2009) **
Awarded “Distinguished Alumnus Award” by Winona State University (2005)
- Named one of Ten of the Nation’s Top Litigators by The National Law Journal (2004) **
- Selected as one of Minnesota Lawyer's 15 Attorneys of the Year (2003) **
- Listed in Marquis Who's Who in the World and Who's Who in American Law **
Memberships
Civic Associations
- Board of Trustees, William Mitchell College of Law
Bar Admissions
- Minnesota
- New York
- U.S. Court of Appeals, District of Columbia
- U.S. Court of Appeals, Federal Circuit
- U.S. District Court, Minnesota
- U.S. District Court, Northern District of California
- U.S. District Court, Southern District of New York
- U.S. District Court, Western District of Wisconsin
- U.S. Supreme Court
Education
- William Mitchell College of Law, J.D., cum laude (1984), National finalist in the 1983 ATLA trial advocacy competition
- Winona State University, B.S. (1978)
Selected Speeches
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Rule 502(d) and the Court's Powers (Panel)
11th Annual Sedona Conference on Complex Litigation, Sedona, Arizona
(April 30 - May 1, 2009)
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Government and Internal Investigations, the Evolving Position of the DOJ, and Selective Waiver (Panel)
11th Annual Sedona Conference on Complex Litigation, Sedona, Arizona
(April 30 - May 1, 2009)
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Best Practices (Panel)
11th Annual Sedona Conference on Complex Litigation
(April 30 - May 1, 2009)
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Current Litigation Trends Relevant to Investment Advisers and Mutual Funds
California '40 Acts Group
(January 30, 2009)
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On the Stand: Are You and Your CEO Prepared to Testify in Court?
Los Angeles County Bar Association Corporate Law Departments Section, Robins, Kaplan, Miller & Ciresi L.L.P. and Southwestern Law School, Los Angeles, California
(September 9, 2008)
- Patent Infringement Litigation
Patent Resource Group, Caesar's Palace, Las Vegas, Nevada (October 16-18, 2006)