L.J. Chris Martiniak

Of Counsel

cmartiniak@cov.com
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Covington & Burling LLP
One Front Street
San Francisco, CA 94111-5356
Tel: 415.591.7004
Fax: 415.955.6504


 

Practices

Education

  • University of California at Berkeley, M.S., 1975
    • Mathematics/Computer Science
    • Woodrow Wilson Fellow
  • University of Strathclyde, 1975
    • Fulbright Fellow
  • University of California, Berkeley School of Law, J.D., 1974
    • Order of the Coif
  • University of Wisconsin, Madison, B.S., 1969
    • Mathematics/Physics
    • magna cum laude and Honors
    • Phi Beta Kappa

Bar Admissions

  • California


Chris Martiniak is of counsel in the firm’s San Francisco office.  For many years, the primary focus of Mr. Martiniak's practice has been representing both plaintiffs and defendants in large scale patent litigation.  Mr. Martiniak also has extensive experience in other commercial litigation, including trademark, trade secret, copyright, antitrust, licensing disputes, contracts and business torts.  Mr. Martiniak has tried numerous cases in both federal and state courts - both jury and non-jury trials - and has handled many arbitrations and mediations.  His experience includes service as a special assistant district attorney trying a series of criminal cases to the jury.

Representative Matters

  • Represented a leading smartphone maker in a patent infringement dispute in the Northern District of Illinois, that led to Judge Posner’s groundbreaking decision on patent damages.
  • Represented a leading smartphone maker in a patent infringement dispute in the Western District of Wisconsin, that led to Judge Crabb’s groundbreaking decision on patent defenses arising from plaintiff’s violation of disclosure requirements of industry standards settings organizations, and FRAND licensing requirements.
  • Huawei Technologies Co. Ltd. (v. Motorola)(N.D. Ill.) Represented Huawei in a dispute with Motorola in 2011 that resulted in an injunction precluding the transfer of Huawei intellectual property in connection with Motorola’s $1.3 billion proposed sale of its cell phone network business to NSN.
  • Huawei Technologies Co. Ltd. (IDC v.)(Int’l Trade Comm.) Represent Huawei in proceeding brought by Inter Digital against Huawei, LG, Nokia and ZTE, seeking to preclude importation of cell phones, datapads, and other 3G devices into the US.
  • Acqis LLC v. Appro International, Inc. et al., 6:09cv148 (E.D. Tex.): Represents Hewlett-Packard in this patent infringement case concerning computer blade servers.
  • BTG v. Samsung Electronics, (E.D. Tex.): Representing Samsung Electronics in a patent infringement action in the Eastern District of Texas involving Flash memory.
  • Palm, Inc. (Intermec v.)(D.Del.) Defending Palm in a District of Delaware patent infringement action involving patents alleged to cover wireless application systems and optical reader devices, and counterclaims relating to power management for handheld devices.
  • Computer Associates International, Inc. (v. Simple.com) (E.D. N.Y.): Represented Computer Associates in a declaratory judgment suit with counterclaims alleging infringement of three patents on client side JavaScript technology for presenting dynamic information in browser windows. Obtained summary judgment of non-infringement and invalidity of all asserted claims.
  • Ariba, Inc. (v. Sky Technologies, Inc.) (D. Ma.): Represented Ariba in patent infringement litigation involving three asserted patents on computerized commercial contract negotiation systems. Case settled of favorable terms during trial.
  • Represented a leading maker of baseband chips in patent infringement litigation in the Southern District of California, involving 13 asserted patents on technology for cellular telephone communications.
  • Computer Associates International, Inc. (Pavilion Technologies, Inc. v.) (W.D. Tx.): Defended Computer Associates in a suit alleging infringement of eight patents on neural networks, expert systems and process control.

Honors and Rankings

  • Northern California Super Lawyers, Intellectual Property Litigation (2006, 2012-2013)

Memberships and Affiliations

  • Since 1981, Mr. Martiniak has taught each year a litigation skills course entitled “Pretrial Litigation Practice” at the University of California, Berkeley, School of Law (Boalt Hall).
  • Federal Circuit Bar Association
  • American Bar Association, Sections:  Patent Trademark and Copyright
  • State Bar of California, Intellectual Property section
  • Bar Association of San Francisco, Intellectual Property section, Chair (1995-1997)

Publications and Speeches

  • "Basics of Intellectual Property Laws for the Antitrust Practitioner," Antitrust Counterattack in Intellectual Property Litigation Handbook (2010), Author
  • "Patented Redesign May Present Antitrust Risks," Intellectual Property Today (December 2007), Author
  • "Deposition Practice Handbook, Third Edition," Aspen Law Books (2003), Author
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