Martin E. Gilmore
- Austin Office Managing Partner
- Austin
- New York
- Taipei
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Martin litigates complex cases involving advanced technical and financial issues in state and federal courts nationwide.
Martin Gilmore represents sophisticated clients, ranging from leading technology and medical device companies in IP disputes to major financial institutions pursuing and defending high-stakes claims.
Martin's broad technical experience—including advanced degrees in electrical and biomedical engineering—enables his IP practice to span various industries, such as cellular network communication, circuit design and operation, semiconductor technologies involving memory and processors, medical devices, and pharmaceuticals.
Martin also has significant experience representing indenture trustees in residential mortgage-backed securities disputes, including offensive putback actions against sponsors and originators for breaches of representations and warranties, as well as defensive actions against holders claiming breaches of duty. He also advises and represents clients in bankruptcy proceedings and disputes arising from borrower and counterparty defaults.
Martin has led two federal jury trials to verdict and is a registered foreign legal affairs attorney in Taiwan, where he works with the most innovative Taiwanese companies to protect their IP.
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
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