Brian Martinez’s practice focuses on employment and intellectual property law and litigation. He has represented clients in federal, state, agency, and arbitral proceedings in cases of varying subject matter.
With respect to intellectual property disputes, he has experience advising clients across a broad range of technological fields including the following: medical devices, life sciences, computer software/hardware, and medical imaging. In addition to successfully arguing Markman and other hearings, he has deposition and trial experience, as well as experience with MDL proceedings, working with joint-defense groups, post-grant practice before the USPTO, including inter partes and CBM review, analyzing patents and prior art, drafting infringement and invalidity contentions, formulating litigation strategy, working with expert and fact witnesses, drafting pre-trial and dispositive motions, and managing case teams, discovery, and overall litigation.
With respect to employment matters, he advises a range of clients on issues related to employment and technology-related agreements, trade secrets, employee raiding and mobility, employment policies and procedures, reductions in force, compensation, discrimination, harassment, wrongful termination, retaliation, and whistleblower claims. He has successfully obtained favorable resolutions for clients from settlements to dismissal with prejudice at the pleading stage in a whistleblower case.
He also maintains an active pro bono practice. For example, he successfully argued for a grant of asylum for a client before the USCIS and has represented Spanish-speaking families seeking educational services for their children. He also received Congressional recognition for his “tireless advocacy for housing and services on behalf of homeless veterans.”
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