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Martin (Marty) 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 and
large-scale data analytics, 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, mixed signal processors,
graphics processors, LED/phosphor devices,
medical devices, mobile wireless systems such as
smart phones and satellite/cloud computing/video
streaming 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 encryption/compression), microwave
instrumentation, and other complex technologies.
His practice focuses on the litigation/licensing
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 in 1982, Mr. Fliesler was a Patent Examiner
in the United States Patent and Trademark
Office, in-house patent counsel for the
Communications Satellite Corporation (COMSAT),
Washington, D.C., an associate attorney with
Stevens, Davis, Miller & Mosher, Washington,
D.C., and a partner with Phillips, Moore, Lempio
& Majestic, San Francisco, California.
Appointments
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 U.S.
District
Court, Northern District of
California, San Francisco Division
(2000)
Member of the
Magistrate Judge Merit Selection Panel for the
U.S.
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)
Lecturer for
the Business Law Section of the State Bar of
California on
intellectual property licensing
Expert
Testimony
Mr. Fliesler has been a
testifying patent law/litigation expert in the
following matters:
Tamarack Scientific
Company, Inc. v. Ultratech, Inc., Superior
Court of
California, Case No.
RIC450454
Hynix Semiconductor, Inc., et
al. v. Rambus, Inc., U.S. District
Court,
Northern District of California, Case No.
C-00-20905
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.
Mr. Fliesler's
litigation 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.
In the area of
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, data
encryption/compression, digital map-based
navigation systems, LEDs/phosphors, designs of
energy efficient buildings, 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 biotechnology/medical device
disciplines.
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
Education
Stevens Institute of
Technology, B.E. (Electrical
Engineering)
Brooklyn Law School,
J.D.
George
Washington University Law School, Postgraduate
Courses
Intellectual
Property Law
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)
Representative
Cases
Hardware/Chip
Patents:
Harari v. Hollmer
(Real Parties in Interest: San Disk v.
Spansion)
U.S. Court of Appeals for the
Federal Circuit, Case No. 2009-1406.
Counsel for Spansion.
One Spansion patent
relating to flash
memory.
Nanya Technology
Corporation, et al. v. NEC Electronics
Corporation
U.S. District Court,
Northern District of California, Case No.
C-08-01346.
Counsel for Nanya. 7
NEC patents relating to semiconductor memory and
its fabrication.
Hi/fn, Inc. v. Jonathan
W. Dudas, Director of the United States Patent
and Trademark Office, U.S. District Court,
Northern District of California, Case No.
C07-6430 MMC.
Counsel for HiFn. Nine
Hi/fn patents relating to data
compression.
Fujitsu Limited, et al.
v. Nanya Technology Corporation, et
al.
U.S. District Court, Northern
District of California, Case No. C-06-6613
CW.
Counsel for Nanya. Fifteen Fujitsu/three
Nanya patents relating to DRAMS and their
fabrication.
Tele Atlas North
America, Inc. v. Xanavi Informatics Corporation,
et al.
U.S. District Court, Northern
District of California, Case No. C-05-4029
JSW.
Counsel for Tele Atlas. Two patents
relating to vehicle navigation systems and
digital maps.
Halo Electronics, Inc.
v. BelFuse, Inc., et al.
U.S. District
Court, Northern District of California, Case No.
C-07-6222 RMW. Counsel for
BelFuse.
One Regal patent relating to modular
connectors.
KeyTrak, Inc. v. Key
Register LLC et al.
U.S. District Court,
Northern District of California, Case No.
C-03-0870 WHA. Counsel for KeyTrak. One
KeyTrak patent relating to a key tracking
device.
Intel Corp. v. S3
Graphics et al.
U.S. District Court,
Northern District of California, Case No.
C-02-4148 PVT. Counsel for S3 Graphics. Five
Intel patents relating to chip sets interfacing
microprocessors with
networks.
Digcom, Inc. v. Anritsu
Company et al.
U.S. District Court,
Eastern District of California, Case No.
CIV-02-2142 WBS. Counsel for Anritsu. One Digcom
patent relating to a correlated signal
processor.
Elantec Semiconductor
Corporation v. Pixel Corporation et
al.
U.S. District Court, Northern
District of California, Case No. C-98-03871 CRB.
Counsel for Elantec. Two patents relating to
analog sync separation circuits for processing
video signals.
Advanced Micro Devices
v. Alliance Semiconductor
U.S. District
Court, Northern District of California, Case No.
C-96-21037 JW. Counsel for AMD. Two patents
relating to flash
memories.
IBM v. Conner
Peripherals
Conner Peripherals v.
Western Digital
Western Digital v. Conner
Peripherals
U.S. District Court, Northern
District of California, Case No.
C-95-2604/-02605/-02606.
Counsel for Conner.
Ten patents owned by all three parties relating
to various architectural, mechanical and
electrical disk drive
technologies.
Wiltron Corporation v.
Microsource
U.S. District Court,
Northern District of California, Case No.
C-95-2057 SBA. Counsel for Wiltron. Two patents
relating to
oscillators.
AMD v. Cypress
Semiconductor
U.S. District Court,
District of Delaware, Case No.
95-CV-348.
Cypress Semiconductor v.
AMD
U.S. District Court of Minnesota, Case
No. 95-CV-869.
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
U.S.
District Court, Northern District of California,
Case No. C-94-20601 RMW. Counsel for Lattice.
Twenty-three Lattice/Altera patents relating to
complex programmable logic
devices.
Vantis Corporation v.
Altera Corporation
U.S. District Court,
Northern District of California, Case No.
C-94-20567 RMW. Counsel for Vantis. Thirteen
Vantis/Altera patents relating to complex
programmable logic
devices.
AMD v. Brooktree
Corporation
U.S. District Court,
Northern District of California, Case No.
C-91-20216 RMW. Counsel for AMD. One patent
relating to a method for fabricating
semiconductor devices.
Maxim Integrated
Products v. Teledyne Semiconductor
U.S.
District Court, Northern District of California,
Case No. C-89-20355 RPA.
Counsel for
Teledyne. One patent relating to dual power
supply analog chips.
AMD v. Cypress
Semiconductor
U.S. District Court,
Northern District of California, Case No.
C-88-20527
AMD v. Atmel
U.S.
District Court, Northern District of California,
Case No. C-88-20528.
AMD v.
Gazelle
U.S. District Court, Northern
District of California, Case No.
C-88-20529
Samsung v. AMD
U.S.
District Court, Northern District of California,
Case No. C-89-2487. Counsel for AMD. Four
Actions based on two patents covering simple
programmable logic devices and arithmetic logic
units.
Brooktree Corporation
v. AMD
U.S. District Court, Southern
District of California, Case No. CV-88-01750.
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
U.S. District Court, Northern
District of California, Case No. C-85-20221.
Counsel for Atari.
Two patents relating to
microprocessor-based data processing
systems.
Software
Patents/Copyrights/Trade
Secrets:
IPLearn, LLC v. Ask
Jeeves, Inc.
U.S. District Court,
Northern District of California, Case No.
C-99-00352 SBA. 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.
U.S. District Court, Northern
District of California, Case No. C-98-4330 CAL.
Counsel for Compose. Three patents relating to
color management and processing between
disparate color
devices.
Hilgraeve Corporation
v. Symantec Corporation
U.S. Court of
Appeals for the Federal Circuit, Case No.
00-1373, -1374; U.S. District Court, Eastern
District of Michigan, Case No. 97-CV-40370.
Counsel for Symantec. One patent relating to
antivirus software for desktop, network and
Internet gateway
systems.
Trend v. Symantec
Corporation
U.S. District Court,
Northern District of California, Case No.
C-97-20438 RMW. 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
U.S. District Court,
-Northern District of California, Case No.
C-95-0731 SBA. Counsel for Platinum. One patent
relating to a software utility for detecting
memory access errors.
PCPC v. Symantec
Corporation
U.S. District Court,
District of Delaware, Case No. 95-301. Counsel
for Symantec.
One patent relating to tape
backup software distributed over a network (LAN
or WAN).
Wiltron Corporation v.
Hewlett-Packard
U.S. District Court,
Northern District of California, Case No.
C-88-02840. Counsel for Wiltron.
Two
microwave patents relating to vector network
analyzers including fast fourier transfer
algorithms.
Franklin Computer
Corporation v. Central Point
Software
U.S. District Court, District
of Oregon, Case No. 87-00871. 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.
U.S. District Court,
Northern District of California, Case No.
C-06-299 JSW. Counsel for RSVP Operations. One
patent relating to thermoformed fragility
packaging.
Britesmile v. Discus
Dental, et al. (and related
counterclaims)
U.S. District Court, Northern
District of California, Case No. CO2-3220 JSW.
Counsel for Counterclaim Defendants OraCeutical,
et al. Two patents relating to a tooth whitening
product and
process.
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