Martin E. Gilmore
- Austin Office Managing Partner
- Austin
- New York
An experienced litigator, Martin works with clients on intellectual property matters and complex commercial disputes.
Martin Gilmore represents clients in patent, trademark and trade dress, trade secret, and unfair competition matters, as well as in commercial litigation throughout the nation. His successes range from obtaining dismissals of patent infringement suits and injunctions in trade secret disputes to defending companies’ patents in post-grant review proceedings.
Martin advises clients in an array of technical fields, including semiconductor design, server technology, streaming video, smart phones, medical devices, pharmaceuticals, digital signal processing, digital cameras, media systems, wireless communications and networking, voice recognition systems, and website design tools. Martin earned bachelor’s degrees in biomedical and electrical engineering and a master’s degree in electrical engineering, all of which inform his counsel on patent matters in the electro-mechanical, biological, and chemical arenas.
Martin’s litigation experience includes leading a federal jury trial to verdict and representing clients in civil and criminal investigations.
Additionally, Martin uses his experience with financial institutions to advise on commercial disputes for trustees. Experienced in soft IP, he has enforced client rights in trademark and trade dress disputes involving publishing, digital advertising, vehicle design, and a variety of consumer services.
Martin maintains an active pro bono practice, which includes multiple arguments and hearings in federal district court, successful appeals in the Court of Appeals for Veterans Claims, and negotiated resolutions to family court disputes.
Areas of focus
Industries
Services
Education & Credentials
Education
- Fordham University School of Law, J.D., cum laude, Member, Fordham Urban Law Journal, 2007
- Vanderbilt University, M.Eng., Electrical Engineering, 2005
- Vanderbilt University, B.E., Biomedical Engineering and Electrical Engineering, cum laude, 1999
Bar and Court Admissions
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Texas
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New York
- U.S. Court of Appeals for the Federal Circuit
- U.S. Court of Appeals for the Second Circuit
- U.S. District Court for the Eastern District of New York
- U.S. District Court for the Northern District of New York
- U.S. District Court for the Southern District of New York
Related Employment
- Wilmer Cutler Pickering Hale and Dorr, LLP; Counsel, 2014 - 2016; Associate/Senior Associate, 2007-2009, 2010-2014
Clerkships
- Hon. Loretta A. Preska, U.S. District Court for the Southern District of New York
Professional Recognition
Recognized as a leader in Patexia’s Patent Litigation Intelligence Report, 2021
New York Super Lawyers "Rising Star," 2014-2018
Insights
News
Professional Experience
Intellectual Property Litigation
Patent Infringement Victory for Netflix, Hulu and Amazon
Served as counsel in three patent infringement lawsuits brought against clients Hulu, Netflix and Amazon, winning their motions to dismiss in U.S. District Court for the Northern District of Florida. The court dismissed all three cases with prejudice.
Bally Gaming v. New Vision Gaming & Development
Serving as counsel for petitioner in CBM reviews involving gaming patents.
IPR2017 - 01534
Serving as counsel for patent owner in an IPR involving polymer production technology.
Trade Secret Dispute
Negotiated stipulated injunctive relief on behalf of a client whose employee had taken customer lists.
Headphone Technology Infringement Suit Settlement
Negotiated a favorable and confidential settlement in a patent infringement suit between two makers of music headphones.
Trademark Appeal*
Assisted in obtaining reversal or vacatur on Second Circuit appeal of adverse summary judgments on descriptiveness, secondary meaning, infringement and validity, including sanctions of more than $1 million, for a NYC-based digital advertising company.
Patent Litigation*
Assisted in obtaining judgment as matter of law of noninfringement in high-profile, multi-million-dollar patent dispute for a leading smartphone manufacturer after a jury trial in the Northern District of California. Named by the Daily Journal as one of the top defense verdicts in California in 2012.
*Prior experience
Business Litigation
Biologics Licensing Dispute
Represent biopharmaceutical company in dispute regarding licensing of monoclonal antibodies for oncological research and treatment.
Investment Bank MBS-Related Counsel*
Represented investment bank in MBS-related actions in connection with the collapse of two hedge funds.
Insider Trading Litigation*
Represented a hedge fund in parallel criminal and SEC insider trading investigations.
Insider Trading Investigations*
Represented multiple hedge funds in internal investigations relating to trading inquiries.
Bondholder Litigation*
Represented corporate CEO in class action and bondholder litigations stemming from collapse of an automotive company.
Securities Fraud Class Action Dismissal*
Represented company and individuals accused of securities fraud. The case was dismissed on the first day of trial after the plaintiff’s expert was excluded on Daubert grounds.
Hedge Fund Administrator Counsel*
Represented hedge fund administrator in trade secret and breach of contract case involving an ex-employee with access to source code.
Special Committee Counsel*
Investigated allegations of corporate wrongdoing on behalf of special litigation committee relating to derivative claims
*Prior experience