Don Martens

2040 Main Street, 14th Floor
Irvine, CA 92614-3641
Tel: 949-760-0404
Fax: 949-760-9502
Email:

Legal Areas of Emphasis

Alternative Dispute Resolution

Arbitration/Mediation

Special Master

Professional Profile

Don W. Martens was a founding partner of the firm.  He retired from the partnership in 2004, and is now of counsel to the firm.  With forty years experience as a patent litigator, both in court and in arbitration, Mr. Martens’ practice now focuses on serving as an arbitrator and special master in intellectual property cases.

Mr. Martens was named as one of “The Top 10 Patent Lawyers in the World” by PLC Global Counsel Magazine; one of “The 20 Best Patent Lawyers in the World” in a comprehensive international survey by Euromoney Legal Media Group; one of the two “Leading IP Lawyers” in the United States by the Global Counsel’s Handbook; one of “The 100 Most Influential Attorneys in California” by the California Business Magazine; and one of Southern California’s “Super Lawyers” by Law and Politics Magazine.     

He has served as a court appointed Special Master in the U.S. District Courts for the Central District of California, the Western District of Pennsylvania, the District of Connecticut, the Southern District of Ohio, the Northern District of Texas and the Southern District of Texas.  The Special Master assignments have included Markman Hearings with substantial expert testimony, summary judgment determinations, Daubert motions and decisions on discovery disputes.

He has served as a mediator and arbitrator in numerous patent infringement and other IP cases.

He has completed the CPR Institute for Dispute Resolution Mediation Training Course, the Arbitrator I (Fundamentals of the Arbitration Process) and Arbitrator II (Advanced Case Management Issues) courses of the American Arbitration Association, the six day Mediating Litigated Cases course of the Straus Institute of Pepperdine Law School, and a course on Closing the Tough Mediation from The American Bar Association ADR Section. He is a member of the mediation and arbitration panels of the American Arbitration Association, and the CPR Institute.

He received the American Intellectual Property Law Association’s Excellence Award, “Recognizing a distinguished career in patent law, marked by thoughtful, temperate and determined efforts to improve the legal process and promote the rights of inventors, bringing to every undertaking an exceptional depth of knowledge and civility;” the University of Wisconsin College of Engineering’s Distinguished Service Award, “In recognition of eminent professional services as a world-renowned patent attorney, and authority on intellectual property;” and the American Bar Association IP Law Section Chair’s Award, for his work as Chair of the Section Task Force on Patent Law Reform.  In 1988 he received the Franklin B. West Award, given annually by the Orange County Bar Association for outstanding contribution to the system of justice.

Education

The George Washington University Law School (J.D. 1963)

Order of the Coif Honorary Scholastic Society

Patent Editor of the Law Review

Graduated first in his class

University of Wisconsin (B.S. Engineering 1957) honors

Tau Beta Pi Honorary Engineering Fraternity

Admissions/Qualifications

State Bar of California

Registered to practice before the U.S. Patent and Trademark Office

U.S. Supreme Court

U.S. Court of Appeals for the Ninth and Federal Circuits

U.S. District Court, Northern, Central and Southern Districts of California

Professional Memberships & Affiliations

American Intellectual Property Law Association

President, 1995-96

Court of Appeals for the Federal Circuit, Advisory Council

1994-96 and 2001-04

American Bar Association, Section of Intellectual Property Law

Section Chair - Current

Section Council, 2004-07

Chair ADR Comm. – 1997

California State Bar Board of Governors, 1984-1987

State Bar of California

Vice-President, 1986-1987

Orange County Bar Association

President, 1975

Orange County Legal Aid Society

President, 1969

State Bar of California

Chairman – Intellectual Property Law Section, 1977

Orange County Patent Law Association

President, 1984

Los Angeles Patent Law Association

President, 1988

State of California Judicial Council, 1987-1989

Ninth Circuit Judicial Conference

Three terms as delegate

National Inventors Hall of Fame Foundation

President, 1999

National Council of Intellectual Property Law Associations

Chair, 1999

Teaching / Adjunct Professor

Former Adjunct Professor of Law at Loyola Law School

Former Instructor, University of Wisconsin, School of Engineering

Articles, Speeches & Seminars

Mr. Martens has lectured frequently on litigation, alternative dispute resolution, and other intellectual property law topics to the U.S. Patent & Trademark Office, the American Intellectual Property Law Association, the American Bar Association Intellectual Property Law Section, the Intellectual Property Owners association, the Practicing Law Institute, the Continuing Education of the Bar of the State of California, the State Bar Intellectual Property Law Section, the Los Angeles, Orange  County, and San Francisco Patent Law Associations, and Loyola Law School.

Mr. Martens has spoken at IP seminars in China, Taiwan, Russia, Brazil, Hungary, The Czech Republic, Poland, Romania and the Ukraine.  He has authored a number of published articles on topics related to patent litigation, alternative dispute resolution, and intellectual property law.