Martin Saad primarily practices litigation in the areas of intellectual property, antitrust, advertising, and general commercial matters serving clients in various fields, including consumer products, pharmaceuticals, and technology.
Significant Matters
Mr. Saad's recent matters include:
Hill Dermaceuticals, Inc. v. FDA and Amneal Pharmaceuticals, LLC, 2012 WL 5914516 (D.D.C. May 8, 2012), aff’d per curiam (DC Cir. 2013) – brand name manufacturer challenged FDA approval of ANDAs for topical skin products and sought injunction against the sale of the generic products. The U.S. District Court for the District of Columbia denied the plaintiff’s motion for preliminary injunction and subsequently granted summary judgment in favor of FDA and our client. The DC Circuit affirmed the District Court rulings per curiam on appeal.
Marine Polymer Technologies, Inc. v. Hemcon, Inc., 672 F.3d 1350 (Fed. Cir. 2012) – assisted in preparation of amicus brief submitted on behalf of BIO and PhRMA for the Federal Circuit’s en banc review of prior decision involving intervening rights following post-grant patent proceeding by USPTO.
Whiting v. AARP et al., 637 F.3d 355 (DC Cir. 2011) – consumer class action seeking damages for alleged false advertising of health care insurance. Case dismissed against client AARP by U.S. District Court for the District of Columbia prior to any discovery and affirmed on appeal by the DC Circuit.
Bavarian Nordic A/S v. Acambis Inc., 2007 U.S. Dist. LEXIS 35343 (D. Del., May 15, 2007) – patent, trade secret, unfair competition, and tortious conversion action relating to virus underlying smallpox vaccine. Summary judgment on all claims, involving misappropriation of virus and unfair competition, before federal district court.
Gemmy Industries Corp. v. Chrisha Creations, Ltd., 452 F.3d 1353 (Fed. Cir. 2006) – patent validity, false marking, false advertising matter involving inflatable lawn decorations. Successful Federal Circuit appeal of lower court invalidity decision upon becoming counsel.
Gibson Guitar Corp. v. Paul Reed Smith Guitars LP, 423 F.3d 539 (6th Cir. 2005) – trademark and trade dress action involving shape of single-cutaway electric guitar. Successful Sixth Circuit appeal obtaining reversal of summary judgment against client PRS and grant of summary judgment in PRS’s favor. Supreme Court review declined.
Dickson v. Microsoft, Compaq, et al., 309 F.3d 193 (4th Cir. 2002) – federal class action antitrust matter involving allegations of illegal monopoly and conspiracy against Microsoft and leading personal computer OEMs. Case dismissed on the pleadings by federal district court; dismissal upheld on appeal by Fourth Circuit.
Wal-Mart v. Samara, 120 S.Ct. 1339 (2000) – trade dress, copyright, and unfair competition matter involving children’s clothing designs. District court decision appealed to Second Circuit and Supreme Court. Unanimous Supreme Court decision adopting new standard for product configuration trade dress and reversing unfavorable lower court decision.
Nike Inc. v. Wal-Mart Stores, 138 F.3d 1437 (Fed. Cir. 1998) – substantial reduction in design patent award following prior successful appeal to Federal Circuit on remedies issue. Favorable lower court remand judgment upheld by Federal Circuit. Supreme Court review declined.
