Martin Saad

Martin L. Saad is a litigator who represents clients before federal courts in intellectual property, trade secret, antitrust, advertising, and other commercial matters. His cases include competitor disputes, multidistrict litigation, and class action lawsuits.

He has prosecuted and defended cases, serving both plaintiff and defendant companies in a variety of industries, including consumer products, pharmaceuticals, biotechnology, and energy.

In addition, Marty counsels clients on government, media, and alternative dispute resolution strategies. He has also served as counsel in significant pro bono matters.

Experience :

• Defended against patent litigations brought by a client’s competitor related to systems designed to improve the efficiency of utility-scale power generation facilities. Representation included defense of two preliminary injunction motions and antitrust counterclaims against the competitor; cases were resolved in the client’s favor, following inter partes review proceedings that invalidated the primary patent claims. TAS Energy, Inc. v. Stellar Energy Americas, Inc., No. 8:14-cv-03145-JSM-MAP (M.D. Fl.), and TAS Energy Inc. v. Direct Energy Inc., No. 4:15-cv-00512 (S.D. Tex.)
• Worked on a patent, trade secret, unfair competition, and tortious conversion action related to a virus underlying the smallpox vaccine. Obtained summary judgment on all claims involving misappropriation of virus and unfair competition before federal district court. Bavarian Nordic A/S v. Acambis Inc., 2007 U.S. Dist. LEXIS 35343 (D. Del., May 15, 2007)
• Obtained a favorable result in the Federal Circuit appeal of the lower court’s invalidity decision in a patent validity, false marking, and false advertising matter involving inflatable lawn decorations. Gemmy Industries Corp. v. Chrisha Creations, Ltd., 452 F.3d 1353 (Fed. Cir. 2006)
• Worked on a federal class action antitrust matter involving allegations of illegal monopoly and conspiracy against Microsoft and leading personal computer original equipment manufacturers (OEMs). Case was dismissed on the pleadings in federal district court, and dismissal was upheld on appeal by the Fourth Circuit. Dickson v. Microsoft, Compaq, et al., 309 F.3d 193 (4th Cir. 2002)
• Obtained a substantial reduction in a design patent award, following prior appeal to the Federal Circuit on the remedies issue. Nike Inc. v. Wal-Mart Stores, 138 F.3d 1437 (Fed. Cir. 1998)
• Served as lead outside counsel on an amici curiae brief to the U.S. Supreme Court on behalf of the National Association for the Advancement of Colored People (NAACP) and Ohio NAACP in a case involving a challenge to an Ohio voter registration removal law. Husted v. APRI, U.S. Supreme Court Case No. 16-980

Education :

• J.D. University of Michigan Law School 1996
• B.A. University of Michigan 1992

Bar Admissions : Illinois, District of Columbia

Court Admissions :

• U.S. Supreme Court
• U.S. Court of Appeals for the Federal Circuit
• U.S. District Court for the District of Columbia
• U.S. Court of Appeals for the D.C. Circuit
• U.S. Court of Appeals for the Eighth Circuit