Daniel E. O’Toole
& Clerk of Court
Annette YoungCircuit Mediation Administrator
202-275-8120717 Madison Place, N.W.
Washington D.C. 20439
Don W. MartensDon W. Martens was a founding partner of the California intellectual property law finn of KNOBBE, MARTENS, OLSON & BEAR, LLP, and is now of counsel to the finn. With forty years experience as a patent litigator, both in court and in arbitration, Mr. Martens' practice now focuses on serving as an arbitrator, mediator, and special master in intellectual property cases.
He has been named as one of "The Top 10 Patent Lawyers in the World" by PLC Global Counsel Magazine; one of "The 20 Best Patent Lawyers in the World" in a comprehensive international survey by Euromoney Legal Media Group; one of the two "Leading IP Lawyers" in the United States by the Global Counsel's Handbook; one of "The 100 Most Influential Attorneys in California" by the California Business Magazine; and one of Southern California's "Super Lawyers" by Law and Politics Magazine.
He has served as a court appointed Special Master in the U. S. District Courts for the Central District of California, the Western District of Pennsylvania, the District of Connecticut, the Southern District of Ohio and the Southern District of Texas. The Special Master assignments, included Markman Hearings with substantial expert testimony, summary judgment deternlinations, and decisions on discovery disputes.
He has served as a mediator and arbitrator for numerous patent infringement and other IP cases. In addition, he has testified as an expert witness in Court fifteen times in patent infiingement and other intellectual property law cases.
He has completed the CPR Institute for Dispute Resolution Mediation Training Course, the Arbitrator I (Fundamentals of the Arbitration Process) and Arbitrator II (Advanced Case Management Issues) courses ofthe American Arbitration Association, the six day Mediating Litigated Cases course of the Straus Institute of Pepper dine Law School, and a course on Closing the Tough Mediation from The American Bar Association ADR Section. He is a member of the mediation and arbitration panels ofthe American Arbitration Association, and the CPR Institute.
He fonnerly Chaired the ADR Committee of the American Bar Association Intellectual Property Section, and is a member of the ABA ADR Section. He has lectured on the use of Special Masters in patent litigation to the AIPLA and to a conference of the Presiding District Court Judges of the Ninth Circuit.
Mr. Martens graduated with honors in 1957 from the University of Wisconsin with a Bachelor's Degree in Engineering. He received his Juris Doctorate in 1963 from George Washington University Law School where he was Patent Editor of the Law Review and graduated first in his class.
He served as President ofthe American Intellectual Property Law Association (AIPLA) 1995- 1996. The AIPLA is the national association of intellectual property lawyers with over 10,000 members. He served as a member of the Court of Appeals for the Federal Circuit's Advisory Council from 1994-96, and again from 2000-04. He has also served as Chair of the National Counsel of Intellectual Property Law Associations in 1999; President of the National Inventors Hall of Fame Foundation in 1999; President of the Orange County Patent Law Association in 1984; and President ofthe Los Angeles Intellectual Property Law Association in 1988.
Currently, he is a member of the governing Council of the American Bar Association Section of Intellectual Property Law, and a member of the Intellectual Property Law Advisory Committee for George Washington University Law School. He has served three terms as a delegate to the Ninth Circuit Judicial Conference. He is listed in Who's Who in American Law, The Guide to the World's Leading Patent Law Experts, The Guide to the World's Leading Trademark Law Practitioners, An International Who's Who of Patent Lawyers, The Best Lawyers in America, the Guide to Leading U.S. West Coast Lawyers and The International Executive Guild's Who's Who.
He was President of the Orange County Bar Association in 1975; a member of the Board of Governors of the State Bar of California from 1984-87; Vice-President of the State Bar of California in 1987; and Chair of the California State Bar Intellectual Property Section in 1977. He served on the Board of the Orange County Bar Association Charitable Fund from 1999-2004, the Board of IP Advisors of John Marshall Law School in Chicago from 1998-1999, and the Board of the Orange County Association of Business Trial Lawyers from 1997-2000.
From 1987-89 Mr. Martens was one of four lawyers on the State of California Judicial Council. The Judicial Council, presided over by the Chief Justice of the California Supreme Court, is charged with adopting rules for court administration, practice and procedure and making recommendations to the courts, the Governor and the Legislature regarding the administration of justice.
Recently, he received the American Intellectual Property Law Association's Excellence Award, "Recognizing a distinguished career in patent law, marked by thoughtful, temperate and determined efforts to improve the legal process and promote the rights of inventors, bringing to every undertaking an exceptional depth of knowledge and civility;" the University of Wisconsin College of Engineering's Distinguished Service Award, "In recognition of eminent professional services as a world-renowned patent attorney, and authority on intellectual property;" and the American Bar Association IP Law Section Chair's Award, for his work as Chair of the Section Task Force on Patent Law Reform. In 1988 he received the Franklin B. West Award, given annually by the Orange County Bar Association to an attorney or judge for outstanding contribution to the system of justice.
Mr. Martens was an instructor at the University of Wisconsin in the School of Engineering, and an adjunct Professor of Law at Loyola Law School. He has lectured frequently on litigation and other intellectual property law topics to the United States Patent and Trademark Office, the AIPLA, the American Bar Association Intellectual Property Law Section, the State of California Continuing Education of the Bar, the Practicing Law Institute, the United States Trademark Association and various other groups. He has spoken at IP seminars in China, Taiwan, Russia, Brazil, Hungary, The Czech Republic, Poland, Romania and the Ukraine usually at seminars co-sponsored by the AIPLA and the governments of those countries. Mr. Martens has authored a number of published articles on topics related to patent litigation, and intellectual property law.