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Martin C. Fliesler
Partner email:
mcf@fdml.com
Overview
Mr.
Fliesler is a founding partner of the
firm. He counsels clients principally in
the fields of computer systems hardware
architecture, software (including operating
systems, application programs, databases, tools
for building web applications, programming
languages such as JAVA and object-oriented
software), computer peripherals, semiconductor
chips and chip sets including microprocessors,
complex programmable logic devices, memory,
analog signal processors and graphics processors
and many other technologies, all as applied to
networks, such as LANs, WANs and the Internet,
mobile wireless systems such as cellular
telephones and satellite communications, digital
map-based navigation systems for the in-vehicle,
PDA and Internet markets, file transfers
(involving anti-virus detection and correction,
security and data compression, e-commerce, and
e-mail over the Internet) and microwave
instrumentation. His practice focuses on the
litigation of patents, copyrights, and trade
secrets, and negotiating and writing
transactional agreements, relating to these and
other leading-edge technologies.
Prior
to founding the firm, Mr. Fliesler was a
Patent Examiner in the United States Patent and
Trademark Office (1968-1969), in-house patent
counsel for the Communications Satellite
Corporation (COMSAT), Washington, D.C.
(1969-1972), an associate attorney with Stevens,
Davis, Miller & Mosher, Washington, DC
(1972-1976), and a partner with Phillips, Moore,
Lempio & Majestic, San Francisco, California
(1976-1982).
Education
Stevens
Institute of Technology, B.E. Electrical
Engineering 1965 Brooklyn Law School, J.D.
1968 George Washington University Law School,
Postgraduate Courses Intellectual Property
Law 1971
Admissions
and Memberships
State Bar of
California State Bar of New
York (inactive) United States Patent and
Trademark Office
United States Supreme
Court United States Court of Appeals for
the Federal Circuit United States Court of
Appeals for the Ninth Circuit United
States District Court for the Northern
District of California Other Federal
Appellate and District Courts
Chair of the Model
Patent Jury Instructions Working Committee for
the U.S. District Court, Northern District of
California (2001, 2004 and 2007) Chair of the Magistrate Judge
Merit Selection Panel for the US District Court,
Northern District of California, San Francisco
Division (2000) Member of the Magistrate
Judge Merit Selection Panel for the US District
Court, Northern District of California, San Jose
Division (2000) President of the San
Francisco Bay Area Intellectual Property Inn of
Court (1998-1999, 1999-2000) Chairman of the
Subcommittee on Intellectual Property
Law/Software of the Lawyers Committee of the
American Electronics Association (AEA)
(1978-1985
Lectures
Mr. Fliesler
was Chair of the Model Patent Jury
Instructions Working Committee for the U.S.
District Court, Northern District of California
(2001, 2004 and 2007). He served as Chair of the
Magistrate Judge Merit Selection Panel for the
US District Court, Northern District of
California, San Francisco Division (2000) and
was a member of the Magistrate Judge Merit
Selection Panel for the US District Court,
Northern District of California, San Jose
Division (2000). He was President of the San
Francisco Bay Area Intellectual Property Inn of
Court (1998-1999, 1999-2000) and was Chairman of
the Subcommittee on Intellectual Property
Law/Software of the Lawyers Committee of the
American Electronics Association (AEA)
(1978-1985). He has chaired and spoken at
professional meetings throughout the country for
the AEA and the IEEE on the subject of
intellectual property law and related business
strategies. Mr. Fliesler also was a lecturer for
the Business Law Section of the State Bar of
California at its seminars on intellectual
property licensing, for the American Conference
Institute at its program on intellectual
property licensing, and for Prentice Hall Law
& Business at its seminar on patent
litigation.
Publications
Copyrights,
Computers and Confusion, California State
Bar Journal, (April 1981) (co-author)
Patent and Copyright Protection for
Computer Hardware and Software: Patent Misuse
and Antitrust Implications, WESCON/81
Patentability of Software, IEEE
COMPCON/82 Asserting the Best Mode
Defense to Patent Validity, Critical Issues in
Patent Litigation , Prentice Hall Law &
Business Seminar, (October
1991)
Expert
Testimony
Mr. Fliesler has been
a testifying expert in the following
matters:
Hynix
Semiconductor, Inc., et al. v. Rambus,
Inc. U.S. District Court,
Northern District of California, Case No.
C-00-20905
RMW In the Matter of
RAMBUS, INC. Federal Trade Commission,
FTC Docket No.
9302 In the Matter of
Schering Plough Corporation and Upsher-Smith
Laboratories, Inc. Federal Trade
Commission, FTC Docket No.
9297 John J. Canter; et
al. v. West Publishing Company et
al. U.S. District Court, Northern
District of California, Case No. C-96-20440
PVT
Representative Litigation and
Transactional Services
As trial
counsel, Mr. Fliesler has litigated software
patents covering: anti-virus detection and
repair, file transfer and SMTP mail messaging
via the Internet and local area networks,
engines processing natural-language inputs for
searching the web, algorithms for color matching
between color devices, tools for detecting
memory access errors, distributed tape backup
systems, and databases. He has also litigated
hardware patents and trade secrets covering chip
sets for interfacing microprocessors with
networks, arithmetic logic units for
microprocessors, programmable logic devices,
analog integrated circuits, graphics accelerator
chips, memories, semiconductor chip fabrication,
and test equipment, including microwave vector
network analyzers and telecommunications
equipment, and more.
Mr. Fliesler's
experience also includes litigating patent and
copyright license agreements and joint
development formation agreements covering
boot-up software, anti-virus software,
reprogrammable logic devices, and chip
sets.
As to his transactional work, Mr.
Fliesler has negotiated and written agreements
for the transfer of technology and for the
licensing and cross-licensing of patent and/or
copyright rights in hard disk drives, databases,
digital map-based navigation systems, the
manufacture of semiconductor chips (foundry
agreement), flash memory and software (source
code and object code), such as utilities,
antivirus detection and correction, word
processing, graphical user interface and data
compression software, and biotechnology
disciplines.
Representative Cases
Hardware/Chip
Patents:
Harari v. Hollmer
(Real Parties in Interest: San Disk v.
Spansion) Interference No.
105,606(JL)(2008), U.S. Patent and Trademark
Office Counsel
for Spansion (Appellee in pending appeal to U.S.
Court of Appeals, Federal Circuit). One
Spansion patent related to flash
memory.
Fujitsu Limited, et al. v. Nanya
Technology Corp., et al. Case No.
C-06-6613 CW, U.S. District Court, Northern
District of California Counsel for
Nanya. Fifteen Fujitsu/three Nanya patents
related to DRAMS and their
fabrication.
Tele Atlas North
America, Inc. v. Xanavi Informatics Corporation,
et al. Case No. C-05-4029 JSW, U.S.
District Court, Northern District of
California Counsel for Tele Atlas. Two
patents relating to vehicle navigation systems
and digital maps.
Regal
Electronics, Inc. v. Bel Fuse, Inc. et
al. Case No. C-03-1296 JW, U.S. District
Court, Northern District of
California Counsel for BelFuse. One
Regal patent relating to modular
connectors.
KeyTrak, Inc. v. Key
Register LLC et al. Case No. C-03-0870
WHA, U.S. District Court, Northern District of
California Counsel for KeyTrak. One
KeyTrak patent relating to a key tracking
device.
Intel Corp. v. S3 Graphics et
al. Case No. C-02-4148 PVT, U.S.
District Court, Northern District of
California Counsel for S3 Graphics. Five
Intel patents relating to chip sets interfacing
microprocessors with networks.
Digcom,
Inc. v. Anritsu Company et al. Case No.
CIV-02-2142 WBS, U.S. District Court, Eastern
District of California Counsel for
Anritsu. One Digcom patent relating to a
correlated signal processor.
Elantec
Semiconductor Corporation v. Pixel Corporation
et al. Case No. C-98-03871 CRB, U.S.
District Court, Northern District of
California Counsel for Elantec. Two patents
relating to analog sync separation circuits for
processing video signals.
Advanced
Micro Devices (AAMD@) v. Alliance
Semiconductor Case No. C-96-21037 JW,
U.S. District Court, Northern District of
California Counsel for AMD. Two patents
relating to flash memories.
IBM v.
Conner Peripherals Conner Peripherals
v. Western Digital Western Digital v. Conner
Peripherals Case No.
C-95-2604/-02605/-02606, U.S. District Court,
Northern District of California Counsel for
Conner. Ten patents owned by all three
parties relating to various architectural,
mechanical and electrical disk drive
technologies.
Wiltron Corporation v.
Microsource Case No. C-95-2057 SBA, U.S.
District Court, Northern District of
California Counsel for Wiltron. Two patents
relating to oscillators.
AMD v.
Cypress Semiconductor Case No. 95-CV-348,
U.S. District Court, District of
Delaware Cypress Semiconductor v.
AMD Case No. 95-CV-869, U.S. District
Court of Minnesota Counsel for AMD. Sixteen
AMD/Cypress patents involving many chips such as
microprocessors, complex programmable logic
devices and memory devices.
Altera
Corporation v. Lattice Semiconductor
Corporation Case No. C-94-20601 RMW, U.S.
District Court, Northern District of
California Counsel for Lattice. Twenty-three
Lattice/Altera patents relating to complex
programmable logic devices.
Vantis
Corporation v. Altera Corporation Case
No. C-94-20567 RMW, U.S. District Court,
Northern District of California Counsel for
Vantis. Thirteen Vantis/Altera patents relating
to complex programmable logic
devices.
AMD v. Brooktree
Corporation Case No. C-91-20216 RMW, U.S.
District Court, Northern District of
California Counsel for AMD. One patent
relating to a method for fabricating
semiconductor devices.
Maxim
Integrated Products v. Teledyne
Semiconductor Case No. C-89-20355 RPA,
U.S. District Court, Northern District of
California Counsel for Teledyne. One patent
relating to dual power supply analog
chips.
AMD v. Cypress
Semiconductor Case No. C-88-20527, U.S.
District Court, Northern District of
California AMD v. Atmel Case No.
C-88-20528, U.S. District Court, Northern
District of California AMD v.
Gazelle Case No. C-88-20529, U.S.
District Court, Northern District of
California Samsung v. AMD Case
No. C-89-2487, U.S. District Court, Northern
District of California Counsel for AMD. Four
Actions based on two patents covering simple
programmable logic devices and arithmetic logic
units.
Brooktree Corporation v.
AMD Case No. CV-88-01750, U.S. District
Court, Southern District of
California Counsel for AMD. First case
tried under the Semiconductor Chip Protection
Act for mask work infringement and two patents
relating to graphics processors.
Atari
v. Commodore Case No. C-85-20221, U.S.
District Court, Northern District of California
Counsel for Atari. Two patents relating to
microprocessor-based data processing
systems.
Software
Patents/Copyrights/Trade
Secrets:
IPLearn, LLC v. Ask
Jeeves, Inc. Case No. C-99-00352 SBA,
U.S. District Court, Northern District of
California Counsel for IPLearn. Three patents
relating to natural-language input questions and
answers for searching the
web.
Electronics for Imaging, Inc. v.
Compose Systems, Inc. et al. Case No.
C-98-4330 CAL, U.S. District Court, Northern
District of California Counsel for Compose.
Three patents relating to color management and
processing between disparate color
devices.
Hilgraeve v. Symantec
Corporation Case No. 97-CV-40370, U.S.
District Court, Eastern District of
Michigan Counsel for Symantec. One patent
relating to antivirus software for desktop,
network and Internet gateway
systems.
Trend v. Symantec
Corporation Case No. C-97-20438 RMW, U.S.
District Court, Northern District of
California Counsel for Symantec. One patent
relating to antivirus software positioned at
firewalls and gateways for protecting data
transfers and SMTP e-mail received via the
Internet
Pure-Atria v. Platinum
Corporation Case No. C-95-0731 SBA, U.S.
District Court, Northern District of
California Counsel for Platinum. One patent
relating to a software utility for detecting
memory access errors.
PCPC v. Symantec
Corporation Case No. 95-301, U.S.
District Court, District of Delaware Counsel
for Symantec. One patent relating to tape backup
software distributed over a network (LAN or
WAN).
Wiltron Corporation v.
Hewlett-Packard Case No. C-88-02840, U.S.
District Court, Northern District of
California Counsel for Wiltron. Two microwave
patents relating to vector network analyzers
including fast fourier transfer
algorithms.
Franklin Computer
Corporation v. Central Point
Software Case No. 87-00871, U.S. District
Court, District of Oregon Counsel for Central
Point. Copyright protection for boot up code in
a BIOS (basic input/output system).
Telecommunications Techniques
Corporation v. Wiltron Corporation U.S.
District Court, Northern District of
California Counsel for Wiltron. Two patents
and trade secrets relating to telecommunications
signal processing.
North Star
Computers v. Servio-Logic
Corporation California Superior Court,
County of Alameda Counsel for Servio-Logic.
Trade secrets relating to software for personal
computers and networks.
Other Patents:
RSVP
Operations LLC v. Reflex Packaging,
Inc. Case No. C-06-299 JSW, U.S. District
Court, Northern District of
California Counsel for RSVP Operations. One
patent relating to thermoformed fragility
packaging.
Britesmile v. Discus
Dental, et al. (and related
counterclaims) Case No. C02-3220 JSW,
U.S. District Court, Northern District of
California Counsel for Counterclaim
Defendants OraCeutical, et al. Two patents
relating to a tooth whitening product and
process.
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