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 2017, he handled granting and acquisition of licenses with such companies as Toshiba, Samsung, LG, Panasonic, Sony, Sharp, and Philips. 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 Hispanic National Bar Association. He has written, spoken, and conducted webinars on data mining and privacy, cyberstalking, and health care cybersecurity.
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.
- 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
- University of Iowa (J.D. with distinction 1991; Editor, Law Review); University of Florida (B.A. in English Literature 1988)
- Minnesota; New York; U.S. District Court for the District of Minnesota; U.S. Courts of Appeals for the Eighth, District of Columbia, and Federal Circuits; and U.S. Supreme Court
Recommended by The Legal 500 US for cyber law, including data protection and privacy (2017)
Named a "Cybersecurity and Data Privacy Trailblazer" by The National Law Journal (2015)
Named a "North Star Lawyer" by the Minnesota State Bar Association for pro bono legal services (2014-2016)
Member, Fellow, American Bar Foundation
Member, International Association of Privacy Professionals