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Steve Malin

Intellectual Property and Commercial Litigation Attorney in Dallas, Texas

Attorney Steve Malin believes in his clients. A seasoned litigator with over 30 years of experience in commercial litigation and 20 years protecting intellectual property rights, Mr. Malin knows how to look at a client’s problem and find a winning trial strategy to solve it. He has tried a score of cases in state and federal court, and before the International Trade Commission (ITC), taking the lead in tough intellectual property disputes and high-stakes commercial litigation.

Taking Tough Cases to Court

Mr. Malin’s experience includes:

  • Recovering the domain name of the world's largest publicly funded museum from a hard charging offshore internet holding company.
  • Defending minority shareholders’ rights resulting in a 7-figure settlement of a corporate dispute.
  • Obtaining a noninfringement finding for an Taiwanese semiconductor manufacturer before the ITC.
  • Dismissing a crippling Temporary Restraining Order (TRO) against a major Chinese game developer allowing the company to continue sales in the United States.
  • Obtaining a TRO and temporary injunction recovering valuable trade secrets for a medical recruiting company and putting a stop to further misappropriation.
  • In 2005 Mr. Malin was asked to assist a prominent local eye surgeon in defending against false and defamatory material-along with threats of violence-posted on an Internet site. After Mr. Malin obtained a temporary restraining order protecting the Doctor, the defendant agreed to a permanent injunction that required him to remove the offending allegations from his website, delete all his digital content, and not repeat the allegations elsewhere. After the suit was over, the defendant violated the injunction against him by posting more defamatory website information. Mr. Malin retained a computer forensics expert to investigate, ultimately locating evidence that the defendant attempted to skirt the injunction through an offshore, anonymous website using non-traceable funds. Mr. Malin sought an order of contempt. The Texas court agreed, and sentenced the defendant to serve 540 days of jail time, suspended on multiple conditions that ensured going forward compliance with the injunction.

Clarifying the Complex to Find Common Sense Solutions

Unlike other intellectual property attorneys, Mr. Malin does not employ the standard technology playbook. Rather, Steve comes at complex manufacturing and design schematics from a common sense point of view – the same way a jury would. He provides intellectual property counseling to firms looking to avoid the courtroom, as well as litigation services once they are there. He works with experts, scientists, engineers, and developers in IP cases and commercial litigation to break their testimony down to a level the jury will be able to grasp. Mr. Malin says:

“I enjoy the challenge of thinking on my feet in court. It’s satisfying to make the case relying on simple common sense, even for highly technical problems.”

When not in the courtroom, Steve takes that same analytical approach to the tennis court. He has lived in the Dallas-Fort Worth metropolitan area for years, since he returned from clerking for a California judge in 1989, and has raised four children.

Learn more about Steve Malin’s litigation philosophy.

Receiving Recognition from the Legal Community

Steve Malin was named the Best Lawyers' Dallas Patent "Lawyer of the Year" by The Best Lawyers in America of BL Rankings for both 2013 and 2018, a title awarded for each city to only a single lawyer in each practice area. Mr. Malin has also been recognized by Super Lawyers of Thomson Reuters (2007- 2013, 2017-2020), LexisNexis Martindale-Hubbell as an "AV-Preeminent for Intellectual Property Rights, Business, and Intellectual Property" (5.0 out of 5.0) (Intellectual Property Rights; Business; Intellectual Property) (1999-2020), and The Best Lawyers in America by BL Rankings (2007-2020) for his work in the field of Intellectual Property Litigation. Legal 500 US (2010), said Steve’s "extensive expertise and abilities as a litigator, negotiator and advocate are obvious."

In addition, Mr. Malin has been recognized as a "Local Litigation Star" (Texas) by Benchmark Litigation (2015-2020), and an IP Star: (Texas) by Managing IP (2014-2020). Chambers USA (2010-2020), 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."

Attorney Steve Malin – At a Glance

Professional Licenses and Degrees
  • State Bar of Texas, 1988
         Second highest score, July 1988 Texas Bar exam
  • LL.M. (Intellectual Property Law), University of Houston, 2001
  • J.D. (Cum Laude), Southern Methodist University in Dallas, Texas, 1988
         Notes and Comments Editor, Journal of Air Law & Commerce
  • B.B.A. (Accounting), University of Texas at Austin, 1984
         Passed the Certified Public Accountant examination, 1985
Industries Represented
  • Semiconductor technology, fabrication and circuitry
  • Computer software and firmware
  • Communications
  • GPS
  • Telephony
  • Wireless communications and WiFi
  • Personal apparel
  • Consumer products
  • Outdoor furniture
Legal Experience
  • Law Office of Steven Malin, PLLC, Founder, 2020 – present
  • Chen Malin, LLP, Founder, 2015 – 2020
  • Sidley Austin, LLP, Lawyer, 2001 – 2014
  • Malin & Malin, PC, Shareholder, 1996 – 2001
  • Vinson and Elkins, Associate, 1989 – 1996
  • United States District Court Central District of California, Hon. William J. Rea, Judicial Clerk, 1988-1989
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
  • Panelist, “Ethics: Practical and Ethical Ramifications of Providing Free Legal Advice,” Conference on Intellectual Property Law, Institute for Law and Technology, Center for International and American Law, Dallas (November 2019)
  • “Application of Apportionment Principles in Calculating a Reasonable Royalty,” Annual Advanced Patent Litigation Course, State Bar of Texas, San Antonio (July 2019)
  • Program Co-Chair, Conference on Intellectual Property Law, Institute for Law and Technology, Center for International and American Law, Dallas (November 2016)
  • 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
  • “How 9th Circ. May Rule In Google Privacy Case,” IPLaw 360, May 9, 2019
  • “Three Possibilities For High Court In Patent Laches Case,” IPLaw 360, Nov 3, 2016
  • “Empirical Analysis of Permanent Injunctions Following eBay,” FTC Hearing: The Evolving IP Marketplace (Feb. 12, 2009), available at http://www.ftc.gov/bc/workshops/ipmarketplace/feb11/docs/smalin.pdf
  • “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)

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