Martin L. Saad

Partner
Martin Saad

Marty 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

Representative Matters

  • Represented a generic pharmaceutical manufacturer against a brand-name drug company in multidistrict litigation that included multiple class actions and a complaint by 42 state attorneys general. Prosecuted antitrust and false advertising claims based on alleged “product hopping” involving Suboxone, the leading pharmaceutical treatment for opioid addiction. Challenged conduct included a sham citizen petition and abuse of the REMS process. Case resolved by settlement following successful defense of motion to dismiss (In re Suboxone (Buprenorphine Hydrochloride & Naloxone) Antitrust Litig., No. 13-MD-2445, 2017 WL 36371 (E.D. Pa. Jan. 4, 2017)). Amneal Pharmaceuticals LLC v. Indivior Inc., MDL No. 13-2445 (E.D. Pa. 2017)
  • 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.)
  • Defended a client's Food and Drug Administration (FDA) approval of ANDAs for topical skin products and sale of the generic products against a challenge by a brand-name manufacturer.  The U.S. District Court for the District of Columbia denied the plaintiff’s motion for preliminary injunction and subsequently granted summary judgment in favor of FDA and our client.  The DC Circuit affirmed the District Court rulings per curiam on appeal. Hill Dermaceuticals, Inc. v. FDA and Amneal Pharmaceuticals, LLC, 2012 WL 5914516 (D.D.C. May 8, 2012), aff’d per curiam (DC Cir. 2013)
  • Defended client AARP against a consumer class action seeking damages for alleged false advertising of healthcare insurance. Case dismissed by the U.S. District Court for the District of Columbia, prior to any discovery, and affirmed on appeal by the DC Circuit. Whiting v. AARP et al., 637 F.3d 355 (DC Cir. 2011)
  • 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)
  • Obtained reversal of summary judgment for client Paul Reed Smith Guitars and a subsequent grant of summary judgment in client's favor, in a trademark and trade dress action involving the shape of the single-cutaway electric guitar. Gibson Guitar Corp. v. Paul Reed Smith Guitars LP, 423 F.3d 539 (6th Cir. 2005)
  • 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)
  • Helped obtain a unanimous U.S. Supreme Court decision, adopting a new standard for product configuration trade dress and reversing an unfavorable lower court decision in a landmark trade dress, copyright, and unfair competition matter involving children's clothing designs. Wal-Mart v. Samara, 120 S.Ct. 1339 (2000)
  • 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)
  • Assisted in preparing an amicus brief submitted on behalf of BIO and PhRMA for the Federal Circuit’s en banc review of a prior decision involving intervening rights, following a post-grant patent proceeding by the United States Patent and Trademark Office (USPTO). Marine Polymer Technologies, Inc. v. Hemcon, Inc., 672 F.3d 1350 (Fed. Cir. 2012)
  • 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
  • Assisted in preparation of an amicus brief on behalf of a petitioner challenging the constitutionality of sentencing proceedings in a death penalty case. Cory R. Maples v. Comm’r of Alabama Dept. of Corrections, Appeal No. 15-14586 (11th Cir.)

Insights

Credentials
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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. Court of Appeals for the Sixth Circuit
  • U.S. District Court for the District of Columbia
  • U.S. Court of Appeals for the Third Circuit
  • U.S. Court of Appeals for the D.C. Circuit
  • U.S. Court of Appeals for the Eighth Circuit