Martin Saad primarily practices litigation in the areas of intellectual property, antitrust, advertising, and general commercial matters serving clients in various fields, including consumer products, pharmaceuticals, and technology.

Significant Matters

• Whiting v. AARP et al., 637 F.3d 355 (D.C. Cir. 2011) – consumer class action seeking damages for alleged false advertising of health care insurance. Case dismissed against client AARP by U.S. District Court for the District of Columbia prior to any discovery and affirmed on appeal by the D.C. Circuit.
• Bavarian Nordic A/S v. Acambis Inc., 2007 U.S. Dist. LEXIS 35343 (D. Del., May 15, 2007) – patent, trade secret, unfair competition, and tortious conversion action relating to virus underlying smallpox vaccine. Summary judgment on all claims, involving misappropriation of virus and unfair competition, before federal district court.
• Gemmy Industries Corp. v. Chrisha Creations, Ltd., 452 F.3d 1353 (Fed. Cir. 2006) – patent validity, false marking, false advertising matter involving inflatable lawn decorations. Successful Federal Circuit appeal of lower court invalidity decision upon becoming counsel.
• Gibson Guitar Corp. v. Paul Reed Smith Guitars LP, 423 F.3d 539 (6th Cir. 2005) – trademark and trade dress action involving shape of single-cutaway electric guitar. Successful Sixth Circuit appeal obtaining reversal of summary judgment against client PRS and grant of summary judgment in PRS’s favor. Supreme Court review declined.
• Dickson v. Microsoft, Compaq, et al., 309 F.3d 193 (4th Cir. 2002) – federal class action antitrust matter involving allegations of illegal monopoly and conspiracy against Microsoft and leading personal computer OEMs. Case dismissed on the pleadings by federal district court; dismissal upheld on appeal by Fourth Circuit.
• Wal-Mart v. Samara, 120 S.Ct. 1339 (2000) – trade dress, copyright, and unfair competition matter involving children’s clothing designs. District court decision appealed to Second Circuit and Supreme Court. Unanimous Supreme Court decision adopting new standard for product configuration trade dress and reversing unfavorable lower court decision.
• Nike Inc. v. Wal-Mart Stores, 138 F.3d 1437 (Fed. Cir. 1998) – substantial reduction in design patent award following prior successful appeal to Federal Circuit on remedies issue. Favorable lower court remand judgment upheld by Federal Circuit. Supreme Court review declined.