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Mieke K. Malmberg


ieke Malmberg’s practice focuses on complex, high-stakes intellectual property litigation and she is experienced litigating patent, trademark, copyright and trade secret disputes throughout the United States, as well as Section 337 investigations before the International Trade Commission.

Mieke is experienced in the full spectrum of patent litigation from single-patent, single-defendant disputes to multi-district and multi-defendant actions, Paragraph IV disputes under the Hatch-Waxman Act on behalf of both the generic and the brand, disputes involving the assertion of multiple patents and disputes involving standards-essential patents. Additionally, she has handled patent litigation matters covering a wide range of technologies, including matters related to pharmaceutical treatments, medical devices, online distribution, sales and advertising, computer software, consumer electronics, wireless devices and telecommunications, to name just a few.

In addition to her litigation expertise, Mieke is an expert in practicing before the United States Court of Appeals for the Federal Circuit, from briefing to oral argument, and has obtained two leading precedential opinions. See Ultramercial v. Hulu, 722 F.3d 1335 (Fed. Cir. 2013), rev’d, 772 F.3d 709 (Fed. Cir. 2014) (subject matter patentability); Oplus v. Vizio, 782 F.3d 1371 (Fed. Cir. 2015) (attorneys’ fees). Mieke has had particular success in winning Federal Circuit appeals on cases taken over post-trial.

Mieke’s background in biochemistry and cell biology and her solid laboratory experience helps her to communicate seamlessly with technical personnel, expert witnesses and patent prosecution counsel in order to execute case strategy.

In addition to patent litigation matters, Mieke has also handled several trademark, trade secret and copyright matters, and she has counseled clients on due diligence reviews, sales, licensing and indemnity issues relating to intellectual property.

Prior to joining Skiermont Derby LLP, Mieke was a principal at McKool Smith Hennigan, PC, a partner at Glaser Weil LLP, and an associate at Quinn Emanuel Urquhart Oliver & Sullivan, LLP. Mieke was named a “Super Lawyer” in 2015 and 2016, placing her among the top 5% of all practicing lawyers in Southern California, and was named a “Rising Star” for several years before that, placing her among the top 2.5% of Southern California lawyers under 40 years of age.

Mieke speaks regularly on issues relating to recent developments in patent litigation and damages calculations in intellectual property cases.

She graduated from University of California Hastings College of the Law in 2000, where she served as an articles editor for the Hastings Law Journal and where she also received the CALI award for both Intellectual Property Licensing and Legal History of Immigrants in the United States. She earned her bachelor’s degrees in both biochemistry and cell biology and U.S. history from the University of California at San Diego.

Representative Matters

Speaking Engagements, Presentations, and Publications

Featured Speaker, “Two Roads Diverged: The Ethics of Counseling Clients While Navigating IPRs Through the Lens of Litigation” (54th Annual Conference on Intellectual Property Law, The Center for American and International Law, Plano, Texas, November 14, 2016)

Featured Speaker, “Determining Damages For Multiple IP Assertions Covering One Product – A Venn Diagrams Exercise” (Abbott Laboratories, Quarterly Meeting of Intellectual Property Counsel, October 24, 2016)

Featured Speaker, “Determining Damages For Multiple Different IP Assertions Covering One Product - A Venn Diagrams Exercise” (State Bar of California, Webinar, August 23, 2016)

Featured Speaker, “Apportionment of Patent Damages: Daubert Proof Patent Damages Using the CAFC Valuation Methodology – Careful Apportionment Using Facts and Circumstances” (State Bar of California, Webinar, March 28, 2016)

Panelist, “Patent Disputes for Our Time: New Realities, New Approaches” (State Bar of California, San Francisco, March 23, 2016)

Featured Speaker, “Slaying the Dragon: Understanding and Effectively Managing the Use of the Model Order on E-Discovery in Patent Cases” (State Bar of California, Webinar, February 11, 2016)

Moderator, “Across the (IP) Universe: Developing a Diverse IP Portfolio Including Trademarks, Trade Secrets and Copyrights in Today’s Changing Protection Eligibility Landscape” (AIPLA Mid-Winter Institute Conference, La Quinta, January 27, 2016)

Publication, "Foreign Privilege Issues in U.S. Patent Litigation with Focus on Korea" (June 24, 2014)

Publication, “Litigation Financing is Not Champerty: Delaware Confirms that Litigation Financing is Here to Stay” (July 5, 2016) (Editor)

Publication, “Navigating Patent Damages Part III: Statutory Indemnification – Implied Warranty Against Infringement” August 4, 2015) (Editor)

Publication, “Navigating Patent Damages Part II: How Infringement Allegations Can Impact or Limit Potential Damages” (February 4, 2015) (Editor)

Awards & Accolades

  • Selected to the list of Southern California Super Lawyers (2015-2019)
  • 1601 Elm Street, Suite 4400, Dallas, Texas 75201
  • 214.978.6600
  • 800 Wilshire Blvd. Suite 1450
    Los Angeles, California 90017
  • 213.788.4500
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Copyright 2016 Skiermont Derby LLP All Rights Reserved