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Steve Malin

Partner


  • Chambers USA of Chambers & Partners
    2010-2018
  • Best Lawyers by Woodward White, Inc.
    2007-2019
    Litigation-Intellectual Property
    Litigation-Patent
    Commercial Litigation
  • Benchmark Litigation
    2015-2018
    Local Litigation Star
  • Super Lawyers of Thomson Reuters Service
    2017-2018
    &
    2007-2013
  • Lexis Nexis
    Martindale-Hubbell
    2013-2018
    AV-Preeminent for Intellectual Property Rights, Business, and Intellectual Property
  • The Legal 500 by Legalease
    2010
  • IP Star by Managing Intellectual Property
    Texas

    Patent Star
    2014-2018
  • Lawyer of the Year
    2013 & 2018
    (Dallas)

Steve Malin is Co-Founder of Chen Malin LLP. Mr. Malin was named the Best Lawyers’ 2013 Dallas Patent “Lawyer of the Year,” a title awarded to only a single lawyer per year in each practice area and designated metropolitan area. Mr. Malin has also been recognized by Chambers USA (2010-2016), Legal 500 US (2010), Super Lawyers of Thomson Reuters service (2007-2013) and The Best Lawyers in America by Woodward White, Inc. (2007-2017) for his work in the field of Intellectual Property Litigation. Mr. Malin has been recognized as a “Local Litigation Star” (Texas) by Benchmark Litigation (2015-2016), an “IP Star: (Texas) by Managing IP (2014-2016), and “AV-Preeminent for Intellectual Property Rights, Business, and Intellectual Property” (5.0 out of 5.0) by Martindale-Hubbell (Intellectual Property Rights; Business; Intellectual Property). According to Legal 500 US, Mr. Malin’s “extensive expertise and abilities as a litigator, negotiator and advocate are obvious.” Chambers USA commented that Mr. Malin “is a strong trial lawyer” and that he is “admired for his ability to assimilate and simplify complex technological details in IP disputes of all kinds.”

Mr. Malin’s patent litigation experience encompasses numerous phases of litigation and diverse technologies, from semiconductor fabrication and packaging to process flows, from computer systems and software applications to plastic bottling designs. In the trademark arena, Mr. Malin recovered the Internet domain name on behalf of the world’s largest publicly-funded museum from a hard fighting, off-shore Internet holding company. This jury case settled upon the conclusion of Mr. Malin’s cross examination of the opponent’s corporate representative.

In the commercial arena, Mr. Malin has obtained significant rulings from the Fifth Circuit Court of Appeals establishing federal preemption and protecting defendants from liability under local law. He has also helped clients secure preliminary and permanent injunctive relief. In a 2008 jury trial, for example, he represented two shareholders alleging claims of corporate oppression and bad faith against the corporation’s majority owner. After first obtaining a temporary restraining order securing nearly $6 million in assets, Mr. Malin ultimately presented his client’s position at trial. The case settled favorably upon the conclusion of Mr. Malin’s opening statement on behalf of the plaintiff shareholders.

Professional Activities

  • Chair, State Bar of Texas Intellectual Property Law Section, 2010 – 2011
  • Chair, Professional Programs Committee, American Intellectual Property Law Association, 2010 – 2012
  • Master, Barbara M.G. Lynn American Inn of Court, 2011-2012
  • Co-Chair, Northern District of Texas Patent Rules Task Force, 2007 (recommendation of Task Force adopted in Dallas Division of N.D. Tex.)
  • Director, Dallas Bar Association Intellectual Property Law Section, 2005 – 2009
  • Fellow, Texas Bar Foundation and Dallas Bar Foundation

Selected Speeches and Presentations

  • Program Co-Chair, Conference on Intellectual Property Law, Institute for Law and Technology, Center for International and American Law, Dallas (November 2015)
  • “Damages: A New World,” Annual Advanced Patent Litigation Course, State Bar of Texas, Dallas (July 2015)
  • “Iqbal and Patent Litigation: The Law of Unintended Consequences,” State Bar of Texas Advanced Patent Litigation Program, Albuquerque (July 2013)
  • “Induced Infringement and The Defendant’s State of Mind,” University of Texas Intellectual Property Law Symposium, Austin (February 2013)
  • “It’s All About Me: The Mens Rea of Induced Infringement,” Dallas Bar Association Intellectual Property Law Section, Dallas (February 2012)
  • “Anti-Social Media? How To Protect Your Client’s Rights In A Brave, New Networked World,” Conference on Intellectual Property Law, Institute for Law and Technology, Center for International and American Law, Dallas (November 2011)
  • “Inducement and Contributory Infringement – The Shifting State of Mind,” 26th Annual University of Houston Institute on Intellectual Property Law, Galveston (September 2010)
  • “Empirical Analysis of Permanent Injunction Decisions Following e-Bay,” FTC Hearing on The Evolving IP Marketplace, Washington, D.C. (February 2009)
  • “I Fought the Internet And I Won: Effective Tools To Protect Your Client’s Name, Likeness And Reputation In Our ‘All Media All The Time’ World,” 10th University of Texas Intellectual Property Law Symposium, Austin (February 2009)
  • “The Joint Defense Doctrine,” 4th Annual Advanced Patent Litigation Course, State Bar of Texas, Lake Tahoe (July 2008) • Moderator, “Q & A With Judge Ed Kinkeade,” Dallas Bar Association Intellectual Property Law Section, Dallas (May 2008)
  • “Patent Exhaustion and Quanta,” 21st Annual Intellectual Property Law Course, State Bar of Texas Intellectual Property Section, Austin (March 2007)
  • “Patent Presuit Investigations – How Far Should You Go?” 3rd Annual Advanced Patent Litigation Course, State Bar of Texas, Lake Tahoe (July 2007)
  • “Strategic Use Of Expert Witnesses,” Annual Meeting, State Bar of Texas Intellectual Property Section, San Antonio (June 2007)
  • “A Litigator’s Advice On Claim And Specification Drafting,” Patent Claim Construction 2007: The Advanced Legal Forum, Austin (May 2007)
  • “ATT v. Microsoft,” Dallas Bar Association Intellectual Property Law Section, Dallas (May 2007)
  • Moderator, “Q & A With Judge Kaplan,” Dallas Bar Association Intellectual Property Law Section, Dallas (March 2007)
  • “Patent Local Rules Update,” 20th Annual Intellectual Property Law Course, State Bar of Texas, Dallas (March 2007)
  • Moderator, “Licensee Estoppel and Validity of Intellectual Property Rights,” Symposium on Emerging Intellectual Property Issues, Southern Methodist University School of Law, Dallas (February 2007)
  • “The Mirror Image Rule Invades Patent Law,” 44th annual Conference on Intellectual Property Law, Institute for Law and Technology, Center for International and American Law, Dallas (November 2006)
  • Moderator, “Patent Local Rules for the Northern District of Texas,” Dallas Bar Association Intellectual Property Section, Dallas (September 2006)
  • Roundtable Participant with U.S. District Judges Barbara M.G. Lynn and David Godbey, Dallas Bar Association Bench Bar Conference, Horseshoe Bay, Texas (September, 2006)
  • “Keeping On and Off the Fast Track,” 2nd Annual Advanced Patent Litigation Course, State Bar of Texas, Lake Tahoe (July 2006)
  • “Solutions in an IP Vacuum: What to Do when the IP Laws Provide No Relief,” Dallas Bar Association Computer Law Section, Dallas (April 2006)

Publications

  • “Keeping On and Off the Fast Track in Patent Litigation,” 13 IP Litigator 27 (January/February 2007)
  • “Litigating Intellectual Property Disputes in Texas State Court,” 12 Texas Intellectual Property Law Journal 473 (Spring 2004)
  • “Federalism and Intellectual Property Rights,” 6 Computer Law Review & Technology Journal 137 (Winter 2002)
  • “The Federal Circuit Reconsiders Equitable Defenses: Does The Chancellor Have New Clothes?” 2 Federal Circuit Bar Journal 181 (1992)
  • “Collateral Estoppel: The Fairness Exception,” 53 Journal of Air Law & Commerce 959 (1988), cited in Sysco Food Services v. Trapnell, 890 S.W.2d 796, 804 (Tex. 1994)

Admissions & Certifications

  • U.S. Supreme Court
  • U.S. Court Of Appeals, Fifth Circuit
  • U.S. District Court, S.D. Of Texas
  • U.S. District Court, E.D. Of Texas
  • U.S. District Court, N.D. Of Texas
  • U.S. District Court, S.D. Of Texas
  • Texas, 1988
  • California, 1989 (inactive)

Education

  • University of Houston Law Center (LL.M. in Intellectual Property and Information Law, 2001)
  • Southern Methodist University (J.D. Cum Laude, 1988)
  • University of Texas (B.B.A., 1984)