Martin J. Black, leader of Dechert's IP litigation team and a nationally recognized trial lawyer, represents pharmaceutical, electronics, and financial services companies in patent, trademark, copyright, trade secret and software disputes. He also helps clients monetize their patent portfolios and advises on complex matters at the interface of antitrust and intellectual property law. He is the founder of the firm’s IP Practice Group and currently serves on the firm’s Policy Committee.
Mr. Black has handled a wide range of litigation and strategic patent matters for a diverse array of companies, including Microsoft, Hitachi, Endo Pharmaceuticals, GlaxoSmithKline, Baxter Healthcare, PepsiCo, Citigroup, Monster.com and others. He regularly tries cases all over the country and has obtained numerous multimillion awards. He has had significant success for branded pharmaceutical companies and tech companies in protecting their patent rights at trial. He recently prevailed in a five-week trial for Endo Pharmaceuticals against seven generic companies, winning injunctions against all seven companies and protecting over US$2 billion in sales. He also has special expertise in computer-related litigation. In one matter relating to computer monitor technology, he led an international team that generated US$125 million in revenue, culminating in a trial in the District of Delaware, at which he won a US$9 million award, including willfulness damages. In the Eastern District of Texas, he prevailed in a case relating to display patents invented by Hitachi, resulting in an award worth more than US$30 million. In a trade secret and patent case relating to computer avionics, he tried a four-week trial to a jury in the Western District of Tennessee, resulting in a US$23 million award, including willfulness damages and attorneys’ fees.
Mr. Black is skilled in advising clients on how best to protect their patent portfolios both in the pharmaceutical and electronics space. He is skilled in Hatch-Waxman litigation strategy, having handled numerous branded/generic battles. He is working with Microsoft on its Android operating system licensing campaign and represented Microsoft in litigation with Kyocera over its Android phones. He is assisting Hitachi in licensing and litigation over its renowned digital television portfolio and regularly acts in confidential matters to assist clients in evaluating their patent portfolios and developing litigation strategy around the world. To that end, he has led litigation teams in UK High Court patent litigation and managed patent litigation matters in Germany, France, Taiwan, the European Patent Office and South Africa.
In addition to his extensive patent litigation experience, Mr. Black has served as lead trial counsel in numerous trademark, copyright, software and trade secret disputes. These include Richards v. CNN International, (E.D. Pa.), which he tried for CNN International in relation to its World Beat music news show, and QVC v. Home Shopping Network, (TTAB), relating to the rights in the phrase “home shopping.” He prevailed in the Third Circuit in Scharle v. NASCAR and The Franklin Mint, obtaining the dismissal of a copyright claim brought in relation to the creation of the NASCAR Nextel Cup Trophy. He has also tried trade secret cases relating to packaging machinery, satellite antennae, and advertising materials.
Mr. Black’s litigation prowess has been recognized by Chambers USA, which ranks him as one of the U.S.’s preeminent patent litigators. Benchmark Litigation has repeatedly selected him as a national “litigation star”, and he is the only IP litigator in Pennsylvania with that distinction. He is also recognized as a preeminent intellectual property lawyer by Best Lawyers in America and was named Pennsylvania IP Litigator of the Year by Managing Intellectual Property Magazine two years in a row. In the same year, legal directory IAM Patent 1000 printed that as “the architect of abundant multimillion-dollar courtroom triumphs, he is the counsel of choice for marquee names.”
University of Pennsylvania, B.S.E., 1985, cum laude, Benjamin Franklin Scholar
The University of Chicago Law School, J.D., 1988, cum laude
United States Court of Appeals for the Federal Circuit
United States Bankruptcy Court, Eastern District of Pennsylvania
United States Court of Appeals for the Third Circuit
United States District Court for the Eastern District of Pennsylvania
Supreme Court of New Jersey
Honorable Edward N. Cahn, United States District Court for the Eastern District of Pennsylvania
Mr. Black has lectured in various venues on issues of intellectual property protection, Internet law, trade secret law, electronic discovery, and the international enforcement of intellectual property rights.