Richard M.Martinez (Rick)

Partner

(T) 1.612.217.8853

Rick Martinez's practice focuses on technology and its impact on society. He has extensive domestic and international experience in technology and intellectual property matters and in cybersecurity, data privacy, and information law. Rick has been involved in patent licensing campaigns that have generated eight and nine figure settlements and has represented Fortune 100 corporations, leading educational institutions, technology start-ups, and individuals in privacy and cybersecurity matters, including wire transfer fraud, Wiretap Act claims, privacy torts, and disputes relating to the ownership of data.

Rick is, first and foremost, a technology lawyer with substantial experience in technological fields and computer-implemented inventions, including computer hardware and software, and network and web-based communications, including web browser technology, flash memory, automated systems, and consumer electronic devices. Rick has earned a powerful reputation for negotiating licenses with Japanese and Korean businesses and for his ability to work internationally and cross-culturally. Prior to joining Jones Day in 2016, he handled granting and acquisition of licenses with such companies as Toshiba, Samsung, LG, Panasonic, Sony, Sharp, and Phillips. He has had first-chair responsibility in high-stakes IP litigation in state and federal courts, representing plaintiffs and defendants, and practices actively in matters before the International Trade Commission.

Rick is involved with his family in community service, including volunteering for civic, charitable, and cultural institutions. He is a member of numerous legal associations, including the American Intellectual Property Law Association, International Association of Privacy Professionals, and National Hispanic Bar Association. He has written, spoken, and conducted webinars on data mining and privacy, cyberstalking, and health care cybersecurity.

Experience

  • Information services company responds to incident involving numerous data centersOn behalf of an information services company, Jones Day conducted an investigation of and lead response to a data incident involving numerous data centers across the United States.
  • Trust benefiting former ProtaTek shareholders resolves breach of contract claims against PharmgateJones Day client Liquidating Trust of Shareholders of ProtaTek International resolved a breach of contract action against Pharmgate LLC, the purchaser of ProtaTek.
  • Business management firm responds to data incidentOn behalf of a business management firm, Jones Day conducted an investigation of and a lead response to a data incident involving important client data with potential national impact.
  • The following represents experience acquired prior to joining Jones Day.

    Represented Imation Corporation in a case of alleged patent infringement related to flash memory technology owned by SanDisk Corporation. The technology is used in several devices, most notably portable USB memory cards.  Based on prior art, the International Trade Commission determined that patent 7,137,011 was invalid for obviousness and that Imation's products do not infringe the asserted claims.

    Trial counsel in TVI v. Microsoft (N.D. Calif).  TVI is the owner of several patents covering the autoplay feature of Windows. TVI sued Microsoft in the Northern District of California alleging that all versions of Microsoft Windows since Windows 95 infringed these patents.  The case settled in October 2005 a little more than one week before trial.  Microsoft took a license under the patents.  All other terms of the settlement are confidential.

    Trial counsel in Eolas Technologies, Inc. and The Regents of the University of California v. Microsoft Corporation. Represented Eolas Technologies and the Regents of the University of California in an action for patent infringement of web browser technology for the delivery of interactive applications embedded in web pages.  The case was tried in the U.S. District Court, Northern District of Illinois, Eastern Division, Chicago, Illinois.  The jury verdict was in favor of Eolas and the University of California on issues of infringement, validity, and damages in the amount of $520.6 million.  On January 14, 2004, the court entered judgment for $565,894,868, which includes the amount of the original verdict plus prejudgment interest.  On appeal, the Federal Circuit affirmed the finding of infringement and the damages award, and ordered that Microsoft's invalidity and inequitable conduct defenses be retried.  The case settled on a confidential basis four days before the start of the invalidity trial.

    Represented the patent owner of metasearching-based technology in multiple covered business method review proceedings before the PTAB. Two of the PTAB proceedings went to final hearing and the related district court litigation was resolved after the PTAB's final written decisions.

    Speaking Engagements

    • April 25-26, 2018
      Third Annual Latin America Privacy & Cybersecurity Symposium
    • April 19, 2018
      Privacy in a Changing Global Market, IAPP KnowledgeNet
    • January 24, 2018
      Jones Day's 2018 Speaker Series: Preparing for Cybersecurity Incidents - What to Expect and How to Reduce Impact
    • December 7, 2017
      Global M&A Trends: A Shifting Landscape, Cybersecurity and Privacy Issues in Global M&A Due Diligence
    • June 15, 2017
      Hot Topics in Privacy, 6th Annual ACC Minnesota In-House Counsel Conference
    • June 14, 2017
      Ethics & Data Privacy, Minnesota Association of Health Underwriters
    • May 24, 2017
      Civil Litigation A to Z: Case Management – Effectively Using Protective Orders Minnesota CLE
    • May 17-18, 2017
      Second Latin American Cybersecurity and Privacy Symposium
    • Mayo 17-18, 2017
      Segundo Simposio Latinoamericano de Ciberseguridad y Privacidad
    • January 5, 2017
      Ethics & Data Privacy, Society of Financial Service Professionals
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