Martin J. Black

Martin Black Dechert intellectual property lawyer Philadelphia

Martin J. Black


Philadelphia | Cira Centre, 2929 Arch Street, Philadelphia, PA, United States of America 19104-2808
+1 215 994 2664 | +1 215 994 2222


Martin J. Black, leader of Dechert LLP's IP litigation team, represents pharmaceutical, electronics, and financial services companies in patent, trademark, copyright, trade secret and software disputes. Mr. Black is a Fellow in the American College of Trial Lawyers, which is recognized as the preeminent organization of trial lawyers in North America. He recently argued and prevailed in a case before the U.S. Supreme Court on behalf of SCA Hygiene Products, where in a 7-1 decision, the Supreme Court overturned 100 years of precedent, concluding that laches cannot bar the award of legal damages in patent cases.

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, and others. He regularly tries cases all over the country and has obtained numerous multimillion-dollar awards. He has had significant success for branded pharmaceutical companies and tech companies in protecting their patent rights at trial. He 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 has worked 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 consistently ranks him as one of the U.S.’s preeminent patent litigators. He was ranked as Band 1 for Intellectual Property in Pennsylvania in the 2017 and 2018 editions of Chambers USA, being described as a "brilliant intellectual property attorney" who is highly regarded for his experience and his efficiency in dealing with matters. 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. Mr. Black was named 2020 Outstanding Litigator of the Year: Pennsylvania by Managing Intellectual Property, marking his fifth consecutive win in the category. Managing Intellectual Property has also routinely named Mr. Black an "IP Star" for both patent and trademark. Mr. Black was named a Law360 2017 MVP for intellectual property, and was honored as Best of the Bar by the Philadelphia Business Journal in its Best of the Bar Awards 2017. He was also named a "Life Sciences Star" in LMG Life Sciences 2017. Mr. Black was recognized by legal directory IAM Patent 1000 in 2015 and 2016, which 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
  • Pennsylvania
  • New Jersey
  • Supreme Court of Massachusetts
  • Supreme Court of Pennsylvania
  • United States Court of Appeals for the Federal Circuit
  • United States Court of Appeals for the Third Circuit
  • United States Bankruptcy Court, Eastern District of Pennsylvania
  • United States District Court for the Eastern District of Pennsylvania
  • United States District Court for the Eastern District of Pennsylvania, Honorable Edward N. Cahn
  • 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
Speaking Engagements
  • Views From the Bench — LSI's Patent Claim Construction Workshop, Philadelphia, PA (October 10, 2007)
  • Lessons Learned from Big Pharma: Minimizing Risk at Each Stage of a Therapeutic Product's Life Cycle — Millbrae, CA (January 1, 2007)
  • Hot Topics in Copyright and Right of Publicity Law — Philadelphia Volunteer Lawyers for the Arts (PVLA) Educational Forum on Intellectual Property, Philadelphia, PA (December 7, 2001)
  • Parody and Fair Use Under Copyright, Trademark, and Right of Publicity Law — Philadelphia Volunteer Lawyers for the Arts (PVLA) Educational Forum on Intellectual Property, Philadelphia, PA (December 7, 2001)