Professional Biography
Martin Gilmore

Martin E. Gilmore Partner

Austin Office Managing Partner

  • Austin

    D +1.737.256.6118

    F +1.737.256.6300


    405 Colorado St., Suite 1700

    Austin, TX 78701


  • New York

    D +

    F +1.212.977.1649

    New York

    1155 Avenue of the Americas, 22nd Floor

    New York, NY 10036-2711





Intellectual Property Litigation

Patent Infringement Victory for Netflix, Hulu and Amazon

Served as counsel in three patent infringement lawsuits brought against clients Hulu, Netflix and Amazon, winning their motions to dismiss in U.S. District Court for the Northern District of Florida. The court dismissed all three cases with prejudice.

Bally Gaming v. New Vision Gaming & Development

Serving as counsel for petitioner in CBM reviews involving gaming patents.

IPR2017 - 01534

Serving as counsel for patent owner in an IPR involving polymer production technology.

Trade Secret Dispute

Negotiated stipulated injunctive relief on behalf of a client whose employee had taken customer lists.

Headphone Technology Infringement Suit Settlement

Negotiated a favorable and confidential settlement in a patent infringement suit between two makers of music headphones.

Trademark Appeal*

Assisted in obtaining reversal or vacatur on Second Circuit appeal of adverse summary judgments on descriptiveness, secondary meaning, infringement and validity, including sanctions of more than $1 million, for a NYC-based digital advertising company.

Patent Litigation*

Assisted in obtaining judgment as matter of law of noninfringement in high-profile, multi-million-dollar patent dispute for a leading smartphone manufacturer after a jury trial in the Northern District of California. Named by the Daily Journal as one of the top defense verdicts in California in 2012.

Business Litigation

Biologics Licensing Dispute

Represent biopharmaceutical company in dispute regarding licensing of monoclonal antibodies for oncological research and treatment.

Investment Bank MBS-Related Counsel*

Represented investment bank in MBS-related actions in connection with the collapse of two hedge funds.

Insider Trading Litigation*

Represented a hedge fund in parallel criminal and SEC insider trading investigations.

Insider Trading Investigations*

Represented multiple hedge funds in internal investigations relating to trading inquiries.

Bondholder Litigation*

Represented corporate CEO in class action and bondholder litigations stemming from collapse of an automotive company.

Securities Fraud Class Action Dismissal*

Represented company and individuals accused of securities fraud. The case was dismissed on the first day of trial after the plaintiff’s expert was excluded on Daubert grounds.

Hedge Fund Administrator Counsel*

Represented hedge fund administrator in trade secret and breach of contract case involving an ex-employee with access to source code.

Special Committee Counsel*

Investigated allegations of corporate wrongdoing on behalf of special litigation committee relating to derivative claims


*Prior experience




Bar and Court Admissions

  • Texas
  • New York
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. Court of Appeals for the Second Circuit
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Northern District of New York
  • U.S. District Court for the Southern District of New York


  • Fordham University School of Law, J.D., cum laude, 2007, Member, Fordham Urban Law Journal
  • Vanderbilt University, M.Eng., Electrical Engineering, 2005
  • Vanderbilt University, B.E., Biomedical Engineering and Electrical Engineering, cum laude, 1999