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  1. Lawyers
Richard Martinez
Print

Richard M. Martinez

Partner
rmmartinez@rkmc.com 612.349.8500 vCard Address
    • Minneapolis
    • 800 LaSalle Avenue
    • 2800 LaSalle Plaza
    • Minneapolis, MN 55402-2015

Practice Areas

  • Business Litigation
  • Intellectual Property Litigation
  • Education
    • University of Iowa College of Law, with distinction, Member and Editor of the Iowa Law Review
    • University of Florida, B.A., English Literature
  • Languages
    • Spanish
  • Professional Associations
    • American Bar Association
    • American Intellectual Property Law Association
    • Hennepin County Bar Association
    • Minnesota Intellectual Property Law Association
    • Minnesota State Bar Association (Served on Board)
    • National Hispanic Bar Association
  • Bar Admissions
    • Minnesota
    • U.S. Court of Appeals, Eighth Circuit
    • U.S. District Court, Minnesota
  • Experience

    • Member of the Robins, Kaplan, Miller & Ciresi L.L.P. Diversity Committee
  • Selected Case Results**

    Show All

    In the Matter of Certain Flash Memory Controllers, ITC Inv. No. 337-TA-619: Represented Imation Corporation in a case of alleged patent infringement related to flash memory technology owned by SanDisk Corporation. The technology is used in several devices, most notably portable USB memory cards.  Based on prior art, the International Trade Commission determined that patent 7,137,011 was invalid for obviousness and that Imation Corporation's products do not infringe the asserted claims.

    Trial Counsel in TVI v. Microsoft (N.D. Calif).  TVI is the owner of several patents covering the autoplay feature of Windows. TVI sued Microsoft in the Northern District of California alleging that all versions of Microsoft Windows since Windows 95 infringed these patents.  The case settled in October 2005 a little more than one week before trial.  Microsoft took a license under the patents.  All other terms of the settlement are confidential.

    Trial counsel in Eolas Technologies, Inc. and The Regents of the University of California v. Microsoft Corporation. Represented  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 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.

    **Past results are reported to provide the reader with an indication of the type of litigation in which we practice and does not and should not be construed to create an expectation of result in any other case as all cases are dependent upon their own unique fact situation and applicable law.

  • Publications and Speeches

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    Publications

    • Patent Reform Legislation 2009 - Back Again
      Robins, Kaplan, Miller & Ciresi L.L.P. (March 4, 2009)

    Speeches

    • Patent Infringement Litigation
      Patent Resources Group, Las Vegas, Nevada (October 1-3, 2009)
    • Patent Infringement Litigation
      Patent Resources Group, Hyatt Regency Coconut Point, Bonita Springs, FL (April 3-5, 2008)
    • The Latest in Litigation Technology
      Intellectual Property Litigation: An Advanced Course
      Minnesota Institute of Legal Education (June 18, 1999)
    • Year 2000 Crisis:  Legal and Business Strategies
      Sponsored by Midwest Tech Fair and Minnesota State Bar Association (October 9, 1998)
    • 2000:  A Litigation Odyssey, Preparing for Litigation Relative to the Year 2000
      Sponsored by Minnesota State Bar Association (July 28, 1998)
  • In the News

    Show All

    • Sony Can't Shake Blu-Ray Automatic Playback Patent Suit
    • Sharp, Others Settle DVD Auto Play Patent Battle
    • Samsung Cuts Deal in DVD Auto Play Patent Suit
    • Panasonic Exits Suit Over DVD Auto Play Patents
    • Imation Corporation's Trial Victory Upheld by International Trade Commission
    • 4 Cos. Don't Infringe SanDisk Flash Patents: ITC
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