Patricia A. Martone - Law Office of Patricia A. Martone, P.C.

Patricia A. Martone

Listed in Best Lawyers since 2003

My practice is consultation and strategic advice about prospective and pending patent disputes and patent licensing issues, including district court litigation as well as Inter Partes Review in the USPTO. In cases where a client already has trial counsel, I can provide an objective and cost effective “second look’ at litigation strategy, and serve as settlement or mediation counsel.  My firm has already achieved rankings from Best Law Firms in America for 2015 in areas including Intellectual Property Litigation-Patent and Patent Law.


DEEP EXPERIENCE: 40 years of experience as a trial lawyer representing clients in high stakes, complex and global patent litigation and patent licensing; partner in leading law firms for 30 years; lead counsel in more than 45 patent cases; tried twelve cases to verdict or judgment; experienced negotiator; personally closed more than 40 patent license agreements.


RESULTS:  Trial successes include playing a leading role in obtaining an injunction and a record setting $900 million damages award for Polaroid against Eastman Kodak. I have personally negotiated agreements that have yielded over $180 million in licensing fees for my clients.

MARKET LEADING CLIENTS:  Clients in the United States, Japan and Europe.

DIVERSE TECHNOLOGIES:  Broad experience with cameras, chemicals, consumer products, electronics, displays, medical devices, semiconductors, small molecules and telecommunications.

CLIENT REVIEWS:  In 2013 Chambers Global, in ranking me as a Foreign Expert on Japan reported on my record in “high-stakes patent disputes”, stating: “[s]ources appreciate her excellent understanding of technology and also praise her determination, intelligence, and aggressiveness in court.” In its 2014 ranking, Chambers stated: “focuses her renowned trial practice on tackling significant IP disputes. Clients are quick to praise her ‘concise, efficient and cost-conscious’ approach, and state that 'she very reliably handles IP Litigation.’”

New York UniversityBA 1968The Johns Hopkins UniversityMA 1969New York University School of LawJ.D. 1973
Licensing Executives SocietyNew York University School of LawNew York Intellectual Property Law AssociationLitigation Counsel of AmericaAssociation of the Bar of the City of New YorkNew York Lawyers for the Public InterestAmercan Bar FoundationAmerican Bar Association

Case History

Polaroid Corporation v. Eastman Kodak Company, D. Mass.

Polaroid Corp. v. Eastman Kodak Co., 641 F. Supp. 828 (D. Mass. 1985), aff'd, 789 F.2d 1556 (Fed. Cir. 1986) (liability); 16 U.S.P.Q.2d 1481 (D. Mass. 1990), modified, 17 U.S.P.Q.2d 1711 (D. Mass. 1991) (damages) – Bench trial of patent infringement case where I represented Polaroid.  Seven Polaroid patents were found valid and infringed after the 1981-1982 liability trial where, as a senior associate I examined witnesses, worked closely with lead counsel on strategic issues, and wrote many briefs. The injunction ultimately issued by the District Court was heavily publicized as demonstrating the consequences that can flow from patent infringement.

As a partner, I had a leading role in the 1989 damages trial, focusing on marketing and economic issues, and examined and cross-examined many witnesses.  The Court awarded Polaroid about 900 million dollars.  The case was settled for 925 million dollars. This remains the largest final damages award issued by a District Court for patent infringement.

The liability trial is the subject of a book published in 2015: A Triumph of Genius- Edwin Land, Polaroid and the Kodak Patent War by Ronald K. Fierstein



NBA v. Motorola & STATS, S.D.N.Y.

NBA v. Motorola & STATS (939 F. Supp. 1071 (SDNY 1996); rev’d in part, vacated in part and aff’d in part; 105 F.3d 841 (2 Cir. 1997)) –Trademark, copyright and unfair competition action arising out of Motorola's sale of its SPORTSTRAX paging device. I took a leading role for Motorola at the bench trial in April of 1996. I handled the bulk of the courtroom work and made the closing argument after trial.  Motorola won on all but the unfair competition claim in the District Court, and won on unfair competition in the Second Circuit. I was actively involved in strategy and brief writing on the appeal.

These were landmark decisions about the rights to digital content on the internet. The Second Circuit ruled that federal preemption barred any misappropriation claim other than the narrow "hot-news" exception articulated in the 1918  decision of the Supreme Court in INS v. Associated Press.

Plasma Physics and Solar Physics patent enforcement program, E.D.N.Y.

I was lead trial and negotiation counsel for Plasma Physics and Solar Physics in a patent enforcement program spanning the years 1997- 2005, which included twenty litigations brought by research companies Plasma Physics and Solar Physics against the world's leading manufacturers of semiconductors and flat panel displays, two litigations brought by equipment manufacturers against my clients, and license negotiations with companies who chose not to litigate. I ultimately closed twenty license agreements for Plasma Physics and Solar Physics and settled all litigation.

In 2002, a commentator was quoted as saying that the settlements had "the potential to be one of the biggest in the semiconductor industry. "Backyard inventor yokes LCD giants, " EETimes, Monday June 10, 2002,

Eastman Kodak Co. v. Ricoh Co. Ltd, S.D.N.Y. ; In re Eastman Kodak Co., S.D.N.Y. Bankruptcy Court — Lead trial counsel for Ricoh in defense of a breach of license agreement suit arising out of Ricoh's acquisition of Pentax Ltd., where Kodak's claim for back royalties exceeded $100 million. Lead patent counsel in related bankruptcy proceedings, including Ricoh's bankruptcy claim against Kodak for infringement of numerous Ricoh patents covering printer technology (2012-2013).

Client Comments

"Patricia Martone is a very experienced and capable attorney. She has provided our firm with excellent representation. "

Office Location

565 Fifth Avenue, Ninth Floor
New York, NY 10017-2496
United States

Practice Areas

Litigation - Intellectual Property
Litigation - Patent (Licensing)
Patent Law

Other Information

Gender: Female