Martin Saad primarily practices litigation in the areas of intellectual property, antitrust, advertising, and general commercial matters serving clients in various fields, including consumer products, pharmaceuticals, and technology.
Significant Matters
Mr. Saad's recent matters include:
· Whiting v. AARP et al., 637 F.3d 355 (D.C. Cir. 2011) - consumer class action seeking damages for alleged false advertising of health care insurance. Case dismissed against client AARP by U.S. District Court for the District of Columbia prior to any discovery and affirmed on appeal by the D.C. Circuit.
· Bavarian Nordic A/S v. Acambis Inc., 2007 U.S. Dist. LEXIS 35343 (D. Del., May 15, 2007) - patent, trade secret, unfair competition, and tortious conversion action relating to virus underlying smallpox vaccine. Summary judgment on all claims, involving misappropriation of virus and unfair competition, before federal district court.
· Gemmy Industries Corp. v. Chrisha Creations, Ltd., 452 F.3d 1353 (Fed. Cir. 2006) - patent validity, false marking, false advertising matter involving inflatable lawn decorations. Successful Federal Circuit appeal of lower court invalidity decision upon becoming counsel.
· Gibson Guitar Corp. v. Paul Reed Smith Guitars LP, 423 F.3d 539 (6th Cir. 2005) - trademark and trade dress action involving shape of single-cutaway electric guitar. Successful Sixth Circuit appeal obtaining reversal of summary judgment against client PRS and grant of summary judgment in PRS's favor. Supreme Court review declined.
· Dickson v. Microsoft, Compaq, et al., 309 F.3d 193 (4th Cir. 2002) - federal class action antitrust matter involving allegations of illegal monopoly and conspiracy against Microsoft and leading personal computer OEMs. Case dismissed on the pleadings by federal district court; dismissal upheld on appeal by Fourth Circuit.
· Wal-Mart v. Samara, 120 S.Ct. 1339 (2000) - trade dress, copyright, and unfair competition matter involving children's clothing designs. District court decision appealed to Second Circuit and Supreme Court. Unanimous Supreme Court decision adopting new standard for product configuration trade dress and reversing unfavorable lower court decision.
· Nike Inc. v. Wal-Mart Stores, 138 F.3d 1437 (Fed. Cir. 1998) - substantial reduction in design patent award following prior successful appeal to Federal Circuit on remedies issue. Favorable lower court remand judgment upheld by Federal Circuit. Supreme Court review declined.
Industries
Toys and Games
News
February 14, 2012, BIO and PhRMA file amicus brief for Marine Polymer Technologies Federal Circuit en banc review on patent reexamination
January 21, 2011, Venable team files complaint on behalf of Sony Ericsson for logo trademark infringement
Publications
February 16, 2012, Product Configuration Trade Dress Claims Can Be Costly
Martin L. Saad
February 2011, IP News & Comment - February 2011
Christopher S. Crook, Martin L. Saad
IP Buzz
January 2011, The 8th Circuit Clarifies its Position on Trademark Damages, Highlighting Fractures Among the Federal Circuits on Monetary Damages
Christopher S. Crook, Martin L. Saad
December 2008, IP News and Comment - December 2008
Ryan M. Flandro, Michael A. Gollin, Keith G. Haddaway, Ph.D., Frederick M. Joyce, Martin L. Saad, Janet F. Satterthwaite, Meaghan Hemmings Kent
IP Buzz
December 5, 2005, Don't Take the Bait - Initial Interest Confusion Has Its Limits
Martin L. Saad
Intellectual Property Owners Association Conference, Washington, D.C.
July 13, 2005, Patent Alert
Martin L. Saad
February 5, 2001, Co-author, Boundaries of Trade Dress May Soon be Realigned
Martin L. Saad
The National Law Journal at C8
2001, Consumer Protection through Self-Regulation: OECD Guidelines
Martin L. Saad
Internet Law for the Business Lawyer § 5.6(1), ABA Business Law Division
October 20, 2000, Co-author, Wal-Mart and Beyond: Limiting Trade Dress Protection for Product Designs
Martin L. Saad
American Intellectual Property Law Association Annual Meeting