Michael Martensen, Founder
Mike is the founder of Martensen IP. He has practiced patent law since 1997, when, as a patent agent, he assisted a growing LED company in North Carolina defend itself against a patent lawsuit. Today, Mike’s practice covers a wide variety of intellectual property matters.
His broad experience includes prosecuting patents in mechanical engineering, computer science, software, fluid dynamics and medical devices. In addition to procuring intellectual property rights for clients, Mike also possesses several years of experience as an IP/patent litigator, having participated in all aspects of patent, trademark and trade secret litigation.
His foundation in intellectual property was laid working alongside leading IP attorneys at Wilson Sonsini Goodrich & Rosati and Perkins Coie in Silicon Valley and Hogan Lovells in Colorado.
A United States Air Force Academy graduate and former fighter pilot, Mike has a BS in engineering science from the academy, an MS in aerospace engineering from Mississippi State University, an MBA from the University of West Florida and a law degree from Duke University.
SanDisk v. Lexar Media (N.D. Cal.). Assisted with the representation of SanDisk, a manufacturer of computer flash memory, in a patent infringement suit against Lexar Media. SanDisk alleged that Lexar’s flash-memory storage cards infringed SanDisk’s patent.
Crocs, Inc. v. International Trade Commission, et al. (ITC, Fed. Cir.) Assisted in a patent infringement suit in which we represented Crocs in a suit brought against several competitors before the International Trade Commission (ITC). The complaint contended that the competitors’ products infringed two of Crocs’ patents, one utility patent and one design patent. Ultimately, the ITC ruled that some of the competitors had infringed the utility patent, but that the utility patent was invalid for obviousness. The ITC further ruled the design patent valid but not infringed, and determined that Crocs had not satisfied the technical prong of the industry requirement under Section 337 for the design patent. In Crocs’ subsequent appeal to the U.S. Court of Appeals for the Federal Circuit, our attorneys secured a reversal of the ITC’s finding that the Crocs patents were obvious. After a comparison of the shoes in question, the court found infringement, and also reversed the ITC’s finding of no domestic industry on the design patent.
Intel v. Broadcom (D. Del.). Assisted the firm is representing Broadcom, a major semiconductor manufacturer, in a patent infringement action brought by Intel. The five patents at issue involved video compression, networking technology, and semiconductor packaging. Intel sought monetary damages and an injunction sufficient to put Broadcom out of business.
Novadigm v. Marimba (N.D. Cal.) Assisted the patent owner in a case involving a patent for differential-software distribution over a network, U.S. Patent No. 5,581,764 resulting in defeating the defendant’s inequitable-conduct defense in a bench trial.
Sun Microsystems v. Microsoft (N.D. Cal.) Assisted in multiple patent matters in protracted litigation between Sun Microsystems v. Microsoft ultimately resulting in a $2B settlement.
Software Intellectual Property Rights: Is a Patent or a Copyright Best for Your Program? | Mar 26, 2018
Intellectual Property Considerations in Government Contracts Related to Space And Cyber | Jun 15, 2017
Patents and the Government Contractor | Jun 6, 2017
Basic Must-Do Tips for Protecting SBIR Intellectual Property | Apr 27, 2016
5 Reasons Viable Startups Require Patents | Apr 5, 2016
Changing the Rules: Understanding Government Impacts on Intellectual Property Rights | Oct 13, 2015
Common Intellectual Property Mistakes | Sep 23, 2015
The Hidden Value of Trademarks: Why They Matter in Government Contracts | Jun 10, 2015
Areas of Practice
- Patent Preparation and Prosecution
- Trade Secrets
- IP Enforcement Counseling
- IP Issues With Respect to Government Contracts
Certified Legal Specialties
- Colorado, 2005
- California, 2000
- Texas, 2011
- U.S. Patent and Trademark Office, 1999
- U.S. District Court District of Colorado, 2002
- U.S. District Court Central District of California
- U.S. District Court Eastern District of California
- U.S. District Court Northern District of California
- U.S. District Court Southern District of California
University of West Florida, Pensacola, FL, United States. M.B.A.: Technical Management, Strategic Development / Start-ups and Emerging Growth – 1997
United States Air Command and Staff College, Montgomery, AL, United States. Master of Military Operational Art and Science – 1995
Mississippi State University, Starkville, MS, United States. Master of Science: Aerospace Engineering, Computational Fluid Dynamics Advanced Compressible Aerodynamics Thesis: Design of a Parallel Flow Supersonic Nozzle – 1990
United States Air Force Academy, Lubbock, TX, United States. Fighter Pilot Training, Distinguished Graduate, Selected for and Completed F-15 Upgrade Training – 1984
United States Air Force Academy, Colorado Springs, CO, United States. B.S.: Double major in Engineering Mechanics and Engineering Science, Dean’s List – 1983
Professional Associations and Memberships
- American Intellectual Property Law Association, Member
- United States Patent and Trademark Office Bar, Member
- National Contract Management Association, Member
- American Bar Association, Member
- California Bar Association, Member
- Colorado Bar Association, Member
- Texas Bar Association, Member
- Small Business Association, Member
Previous Work History
Attorney, 2005 – 2010
Patent Preparation and Prosecution -Litigation Counseling – Freedom to Operate analysis in electronic, software and mechanical arts; representative clients Sun Microsystems; ST Microelectronics; Lockheed Martin.
DENTONS (formerly Sonnenschein Nath & Rosenthal LLP), San Francisco, CA
Attorney, 2003 – 2005
Intellectual Property and Technology Litigation Associate / Patent Attorney – Patent litigation and analysis for Sun Microsystems v. Microsoft – Patent Prosecution in the fields of software and encryption.
Perkins Coie, LLP, Menlo Park, CA
Attorney, 2002 – 2003
Draft and prosecute U.S., P.C.T. and national stage patent applications. Technical Areas of Micro-fluidics,
computer science, Internet technology including Internet security and encryption, telecommunications and wireless systems, mechanical arts, medical devices including cardiac catheters, stents, and stereotaxic surgical method.
Wilson Sonsini Goodrich Rosati, LLP, Palo Alto, CA
Attorney, 2000 – 2002
Litigation associate / Patent Attorney – Assisted multiple patent litigation cases – preparation and prosecution of patents before the USPTO.
United States Air Force, Various Locations
Officer, Active Duty: 1983 – 1997, Reserve duty: 1997 – 2006
USAF – Pilot in Command, Operations Officer and Mission Commander as an F-15 Fighter Pilot. 300+ combat hours. Program Manager of USAF Operational Test and Evaluation Oversaw as many as 15 simultaneous projects covering advanced weapons development and testing. Lt. Col. Ret.