Jordan N. Malz
Jordan N. Malz
Of Counsel
PHONE: 212-351-5497 FAX: 212-351-3401
Jordan N. Malz  focuses his practice on high-profile, "bet the company" patent litigations in the International Trade Commission and federal district courts, where he has served as trial counsel and achieved significant victories for both plaintiffs and defendants.  Admitted to practice before the United States Patent and Trademark Office based on his scientific and technical background in physics, Mr. Malz has significant experience running complex patent litigations in a diverse array of technologies such as smartphones, fiber optics, networks, semiconductors, pharmaceuticals and medical devices.  Mr. Malz has participated in all major aspects of patent litigations, including fact and expert depositions, technology tutorials, Markman proceedings, summary judgment, trial, post-trial and appeals.  Before joining Desmarais LLP, Mr. Malz was a partner in the Intellectual Property Group of Kirkland & Ellis LLP.


Prior Experience

  • Partner, Kirkland & Ellis LLP, New York, 2006-2013
  • Associate, Kirkland & Ellis LLP, New York, 2003-2006
  • Associate, Simpson Thacher & Bartlett LLP, New York, 2000-2003


Courts

  • United States District Court for the Southern District of New York
  • United States District Court for the District of New Jersey


Other Distinctions

  • Lumbard Fellowship Award - United States Attorney's Office for the Southern District of New York, 1998


Clerk & Government Experience

  • United States Attorney's Office for the Southern District of New York, Summer 1998
  • Office of the Special Narcotics Prosecutor, Summer 1995

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Representative Matters

  • U.S.I.T.C. Investigation No. 710 (ITC): Represented a leading smartphone manufacturer in an ITC investigation brought against a leading seller of products utilizing the Android operating system, in which the Administrative Law Judge found our adversary in violation of Section 337 and recommended an exclusion order against our adversary's products.  The Commission subsequently issued the requested exclusion order.
  • U.S.I.T.C. Investigation No. 778 (ITC): Represented Cisco in a multi-patent ITC investigation brought by MOSAID regarding networking products.  Victories on numerous pre-trial motions led to dismissal of the investigation the day before trial.
  • U.S.I.T.C. Investigation No. 785 (ITC): Represented Nokia in a multi-patent ITC investigation brought against HTC; investigation settled on favorable terms.
  • Wake Forest v. Kinetic Concepts (W.D. Tex.): Represented Kinetic Concepts in a patent infringement and breach of contract case brought by Wake Forest regarding negative pressure wound therapy devices.  After obtaining victories on summary judgment, the case settled on favorable terms.
  • Lucent v. Microsoft (S.D. Cal.): Represented Lucent Technologies in an infringement trial involving audio-compression patents in which the jury returned a record-setting $1.53 billion verdict.
  • Litton v. Lucent (C.D. Cal.): Represented Lucent Technologies in a patent infringement case brought by Stanford University and Litton Systems involving optical amplifiers; case settled on favorable terms following expert depositions.
  • GlaxoSmithKline v. Apotex (E.D. Pa.): Represented GlaxoSmithKline in a patent, antitrust and Lanham Act litigation against Apotex regarding generic pharmaceuticals.  Case settled on favorable terms following expert depositions.
  • Cisco v. MOSAID (D. Del.): Represented Cisco in a ten-patent declaratory judgment action against MOSAID involving networking products.
  • Worldwide Medical v. C.R. Bard (N.D. Ill.): Represented Bard in a patent infringement case brought by Worldwide Medical regarding brachytherapy needles.  Successfully moved to transfer this case form the Northern District of Florida to the Northern District of Illinois and obtaind order staying case pending patent reexamination.
  • C. R. Bard v. Smiths Medical / Medical Components / AngioDynamics (D. Utah): Represented Bard in related, multipatent infringement cases involving implantable ports.
  • Multimedia Patent Trust v. Microsoft (S.D. Cal.): Represented Multimedia Patent Trust in a patent infringement case involving video coding.
  • PCTEL v. Agere (N. D. Cal.): Represented Agere Systems and Lucent Technologies in a patent infringement case brought by PCTEL, Inc. involving modems; obtained favorable claim construction rulings that led to a favorable settlement during mediation proceedings.
  • Agere v. Intersil (E.D. Pa.): Represented Agere Systems in a patent infringement case with Intersil Corp. involving semiconductors and semiconductor processing; case settled on favorable terms.
  • Rambus v. Infineon (E.D. Va.): Represented Infineon Technologies in a patent infringement case brought by Rambus that was dismissed on grounds of unclean hands.

*Attorney experience includes matters prior to joining Desmarais LLP.

EDUCATION

Harvard Law School, J.D., 2000, cum laude; Editor, Harvard Journal on Legislation

Brown University, B.A., 1997 magna cum laude, Phi Beta Kappa, and with Honors

ADMISSIONS

2001, New York

2000, New Jersey

Registered to practice before the United States Patent and Trademark Office

CONTACT

NYC

230 Park Avenue,
New York, New York 10169
P: 212-351-3400
F: 212-351-3401