Mieke K. Malmberg

Mieke 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.