Partner
Mieke K. Malmberg
- UC Law SF, J.D. (2000)
- UC San Diego, B.S., B.A. (1997)
Mieke Malmberg guides life sciences, pharmaceutical and technology companies through bringing — and defending against — high-stakes intellectual property and patent disputes with experience, decisive advocacy, and business-first risk management. She is often retained as Federal Circuit appellate counsel to develop fresh, winning strategies following a loss at the trial court.
Mieke represents technology and life sciences companies of all sizes — from innovative startups to global enterprises — in their most business-critical patent and IP disputes, often involving significant damages claims and competitive implications. Her wins include a $242 million jury verdict against Microsoft and the Federal Circuit invalidation of a multi-billion dollar Novartis patent that opened the generic drug market for hundreds of thousands of MS patients. She guides life sciences, pharmaceutical, and technology companies through high-stakes intellectual property disputes with experience, decisive advocacy, and a business-first approach to risk management. Clients rely on her for clear, candid guidance and disciplined strategy across the full litigation lifecycle: IP portfolio evaluation and strategic planning, pre-litigation considerations, trial, settlement, and appeal.
Experienced patent litigator and IP strategist
Mieke’s background in biochemistry and cell biology — including hands-on laboratory research in protein isolation — gives her the ability to communicate seamlessly with inventors, technical personnel, and expert witnesses, and to present complex scientific concepts persuasively to judges and juries. Life sciences disputes are a particular strength. Mieke has represented both branded and generic pharmaceutical companies in Hatch-Waxman litigation, including matters involving Paragraph IV notice and strategy, preliminary injunctions, trials, bond recovery proceedings, and related Federal Circuit and Supreme Court proceedings. She has also advised investment firms on the patent issues and litigation dynamics that affect pharmaceutical valuations and business strategy, and counseled companies on ANDA timing, Paragraph IV notices, and at-risk launch considerations. She understands that a patent dispute rarely exists in isolation — the client’s real objective may implicate a product launch, a transaction, an investment, or the future of the business, and she structures her strategy accordingly.
In addition to pharmaceutical and life sciences matters, Mieke’s practice spans the full spectrum of patent litigation — from single-patent, single-defendant disputes to multi-district and multi-defendant actions, multi-patent assertions, and standards-essential patent disputes. She has handled Section 337 investigations before the International Trade Commission and coordinated U.S. patent litigation with related proceedings abroad. Her technology experience spans the full gamut from pharmaceutical treatments and medical devices to online advertising and distribution, computer software, consumer electronics, wireless devices, LED technology, telecommunications, encryption, artificial intelligence, and display technology, among others.
Trusted appellate counsel
Mieke is an expert in practicing before the United States Court of Appeals for the Federal Circuit, from briefing to oral argument, and has had particular success in winning Federal Circuit appeals on cases taken over post-trial.
She successfully invalidated Novartis’s dosage-regimen patent covering its blockbuster multiple sclerosis drug Gilenya®, opening the door to nationwide generic competition, and was on the team team that went on to defeat Novartis’s emergency stay application and petition for certiorari at the U.S. Supreme Court. Additionally, she secured complete Federal Circuit reversal of a $20 million fiduciary-duty judgment on behalf of a client found liable for developing an angioplasty balloon catheter while serving as an outside director.
Trademark, trade secret and copyright experience
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.
Mieke has been individually ranked in IAM Patent 1000 for multiple years and speaks regularly on issues relating to recent developments in patent litigation and damages calculations in intellectual property cases.
Before attending law school, Mieke earned a degree in biochemistry and cell biology from U.C. San Diego. After conducting laboratory research in the area of protein isolation, she went on to earn her J.D. from UC Law SF where she served as an associate articles editor on law review. Prior to joining Stris, Mieke practiced at a patent litigation boutique in Los Angeles, as well as the Los Angeles Offices of Quinn Emanuel, Akin Gump, and McKool Smith.
Patent Litigation (Pharmaceutical/Life Sciences)
Mieke regularly counsels for both brand and generics in Hatch-Waxman litigation and matters relating to pharmaceutical treatments, medical devices, and methods of use.
Novartis Pharmaceuticals Corporation v. Accord Healthcare Inc., et al. (D. Del.)
Represented generic manufacturer in Hatch-Waxman trial, ultimately invalidating Novartis’s gatekeeping fingolimod (Gilenya®) patent on a petition for rehearing at the Federal Circuit; pursuing bond recovery on appeal, and representing client in follow-on litigation.
Pogona, LLC v. Pfizer & Merck Sharp & Dohme (D. N.J.)
Representing Pogona, LLC in patent infringement suit relating to Merck’s Capvaxive pneumococcal vaccine.
Colibri Heart Valve, LLC v. Medtronic CoreValve LLC (C.D. Cal.)
Represented plaintiff asserting infringement of method of use for artificial heart valve replacement, resulting in a $106.5 million jury verdict.
Dey, L.P. v. IVAX Pharmaceuticals, Inc., et. al. (C.D. Cal.)
Represented branded pharmaceutical in a Paragraph IV litigation under the Hatch-Waxman Act against six ANDA filers. Obtained a favorable settlement with all six generic manufacturers.
Allergan v. Exela Pharmsci, Inc., et. al. (C.D. Cal.)
Represented the generic manufacturer of opthamalic solution in a Paragraph IV litigation under the Hatch -Waxman Act.
Roche Diagnostics Corp. v. Apex Biotechnology, et. al. (N.D. Ill.)
Defended Apex against claims of infringement of a patent directed towards blood glucose monitoring devices.
Shire v. Watson (C.D. Cal.)
Represented the brand in a Paragraph IV litigation under the Hatch-Waxman Act relating to oral treatment for attention deficit disorder.
Patent Litigation (Other Technologies)
Mieke represents both plaintiffs and defendants from a variety of industries in patent litigation throughout the country.
IPA Technologies Inc. v. Microsoft Corp. (D. Del.)
Represented patent owner in infringement litigation on computer-assistant technology as it relates to Microsoft’s Cortana. Damages strategist, obtaining a jury verdict for $242 million (reported as the 3rd largest patent verdict in Delaware history).
Oceanovac v. Dole Food Company, Inc. (C.D. Cal.)
Defended Dole in a patent infringement action relating to a method patent directed to preserving fresh produce. Won complete dismissal with prejudice on behalf of Dole.
Aspex Eyewear v. Marchon Eyewear (C.D. Cal.)
Successfully represented defendant in a patent infringement action relating to eyeglass frames.
Freeny v. VIZIO, et. al. (E.D. Tex.)
Defended VIZIO in a patent infringement action relating to wireless technology. Achieved complete dismissal with prejudice.
Bluestone v. VIZIO, et. al. (N.D. Cal.)
Defended VIZIO in a patent infringement action relating to LED technology. Obtained dismissal of action and covenant not to sue from plaintiff following Markman and dispositive motion briefing.
Global Touch Solutions v. VIZIO, et. al. (N.D. Cal.)
Defended VIZIO against allegations of infringement of six patents relating various touch control and screen illumination features.
Unwired Planet v. Google (D. Nev.)
Represented plaintiff in a patent infringement action relating to mobile applications, including location and messaging services.
Ronald A. Katz Technology Licensing, L.P. v. General Electric Capital Corp., et. al. (C.D. Cal.)
Represented plaintiff in a lengthy and complex litigation relating to more than eight separate patents and more than 40 individual patent claims asserted against General Electric entities. This particular litigation was consolidated with more than 40 other cases in a multi-district litigation, making it one of the largest patent cases of its time in U.S. history. Obtained a favorable settlement following dispositive motion briefing.
Data Encryption Corp. v. Microsoft Corp. (C.D. Cal.)
Represented the patent owner in an infringement action relating to encryption technology.
Activision Publishing Inc. v. Worlds Inc. (C.D. Cal.)
Represented plaintiff, a video gaming company, in a patent infringement action relating to gaming software.
In the Matter of Certain Devices for Mobile Data Communication (International Trade Commission)
Represented the complainant, a pioneer in the mobile Internet and owner of several patents relating to accessing the Internet from mobile devices, in a multiple-patent investigation before the International Trade Commission.
Standards Essential Patent Litigation
Mieke is well-versed in matters relating to Standards Essential Patents and FRAND licensing.
Rockwell Automation, Inc. v. 3S-Smart Software Solutions, GMBH (E.D. Tex.)
Defended 3S-Smart Software Solutions against infringement claims and parallel ITC investigation concerning ISA-88 standards essential patents relating to manufacturing and automation. Obtained favorable settlement.
Golden Bridge Technology Inc. v. Apple, et. al. (D. Del., N.D. Cal.)
Represented plaintiff, a pioneer in 3G wireless technology, in several involving standards essential patents relating to 3G and 3G UMTS wireless telecommunications.
Mosaid Technologies, Incorporated v. Dell, Inc., et. al. (E.D. Tex.)
Represented the patent owner and exclusive licensee in a patent infringement action involving several standards essential patents relating to Wi-Fi. Obtained favorable settlements on behalf of the client with all defendants.
Appellate Litigation
Mieke has successfully briefed and argued numerous cases before the Federal Circuit.
Eisai v. Shilpa Medicare (Fed. Cir.)
Retained as appellate counsel to appeal validity and infringement judgment in a Hatch-Waxman matter relating to highly pure lenvatinib (Lenvima®).
Novartis Pharmaceuticals Corporation v. Accord Healthcare Inc., et al. (Fed. Cir.; SCOTUS)
Invalidated Novartis’s gatekeeping fingolimod (Gilenya®) patent through Federal Circuit reversal of trial court loss, and successfully defended against Novartis’s emergency stay application and petition for certiorari to the U.S. Supreme Court, opening the generic market nationwide.
Microsoft Corp. v. IPA Tech. Inc. (Fed. Cir.)
Briefed and argued several Federal Circuit appeals on behalf of IPA, successfully defending the PTAB’s determinations of validity of patent claims IPA ultimately asserted against Microsoft at trial, resulting in $242 million jury verdict on behalf of IPA.
Angioscore v. Trireme Medical, LLC (Fed. Cir.)
Retained as appellate counsel post-trial, securing complete reversal of a $20M fiduciary-duty judgment at the Federal Circuit on behalf of a client found liable for developing an angioplasty balloon catheter while serving as an outside director.
Gensetix, Inc. v. Board of Regents of the University of Texas System (Fed. Cir.)
Briefed Federal Circuit appeal on behalf of Gensetix, Inc. resulting in precedential opinion reversing trial court loss.
Oplus v. Vizio (Fed. Cir.)
Represented consumer electronics manufacturer in an appeal relating to section 285 of the Patent Act, securing vacatur of the trial court’s decision and a finding that VIZIO had incurred additional fees caused by plaintiff’s litigation misconduct.
Clean Air Engineering Maritime, Inc. v. Advanced Cleanup Technologies, Inc. (Fed. Cir.)
Retained as appellate counsel post-trial by appellee. Won affirmance of both summary judgment of non-infringement and verdict of invalidity on a method and system patent for controlling maritime emissions.
Microprocessor Enhancement Corp. v. Texas Instruments (Fed. Cir.)
Represented the owner and exclusive licensee of a patent relating to microprocessor design, securing reversal of the trial court’s order invalidating the patent.
Dealertrack, Inc. v. Huber and Finance Express, et. al. (Fed. Cir.)
Defended against claims of patent infringement relating to multiple patents related to credit processing technology. Secured reversal of trial court’s holding of validity at the Federal Circuit with findings of indefiniteness and failure to claim patentable subject matter under section 101.
Ultramercial, LLC v. Hulu, LLC (Fed. Cir.)
Represented patentee in matter concerning a method patent for gating and monetizing media content distributed over the Internet through the use of sponsored advertising. Initially overturned the trial court’s invalidity holding based on subject matter patentability, resulting in a string of Federal Circuit decisions relating to business method patents and subject matter patentability under section 101.
IP Licensing and Advisory Matters
Mieke utilizes her patent and litigation backgrounds to advise clients on their strategic business directives.
Pre-Litigation Advice, Paragraph IV Letters and At-Risk Launch Assessment and Counseling
Regularly advise clients on matters relating to the preparation, timing and basis of the Paragraph IV notice letter and the timing and filing of the Abbreviated New Drug Application under the Hatch-Waxman Act, as well as counseling on issues and risk assessments relating to FDA disclosures in light of on-going litigation, as well as at-risk product launches.
Investment Advice Pertaining to the Hatch-Waxman Act and Life Sciences
Using litigation and patent expertise, conduct confidential investment analysis in the Hatch-Waxman pharmaceutical, medical device and life sciences space, and advise on the timing and effects on revenue streams, capitalization, strength of intellectual property, validity and infringement challenges, and market pressures.
Confidential Evaluation of IP Portfolios and Strategic IP Counseling
Evaluate and develop long-term and short-term strategies concerning licensing, litigation, acquisition and divestment, as well as IP due diligence for consequential transactions.
Trademark, Copyright and Trade Secret Litigation
Mieke has represented a variety of clients in trademark, trade secret and copyright litigation throughout the country.
Newmark Merrill Companies, Inc. v. Newmark and Company Real Estate, Inc. et al (C.D. Cal.)
Successfully represented plaintiff in matter relating to trademark infringement and breach of a coexistence agreement, resulting in favorable settlement.
Patagonia, Inc. v. Range Meats Supply, LLC (C.D. Cal.)
Defended against Patagonia’s claims relating to trademark infringement, trademark dilution, and unfair competition stemming from Range’s sale and distribution of its meat products. Negotiated favorable settlement on behalf of client.
Wag Hotels v. Wag Labs (C.D. Cal.)
Represented a pet services provider in an action alleging infringement of plaintiff’s trademark by a dog walking service. Case resulted in a favorable settlement for the client.
Siebold v. Keller, et. al. (C.D. Cal.)
Represented author asserting copyright infringement claims against publishing agent. Successfully obtained admission of copyright infringement and entering into unauthorized contracts with consent judgment and permanent injunction entered against agent.
Joltid Limited v. Skype Technologies, SA (N.D. Cal.)
Represented plaintiff Joltid Limited in a high-profile copyright infringement litigation against Skype Technologies, SA, Skype, Inc., eBay Inc. and various Skype investors; developed a novel damages theory which resulted in an expeditious and favorable settlement.
Academy of Motion Pictures Arts & Sciences (Various)
Represented the Academy of Motion Picture Arts and Sciences in various copyright and trademark matters relating to OSCAR and ACADEMY AWARDS.
Bally Gaming (Various)
Represented well-known casino gaming company in several matters against online gaming competitors infringing plaintiff’s copyrights, trademarks and patents.
Air2Water, LLC, et. al. v. Aqua Sciences, Inc., et. al. (Los Angeles Superior Court)
Represented defendant against misappropriation of trade secrets claims relating to innovative water technology, securing favorable settlement.
Trixxi Clothing Company, Inc. v. Meigui, LLC, et al. (Los Angeles Superior Court)
Successfully defended former employees against misappropriation of trade secrets claims relating to the garment industry, securing favorable settlement.
- “International Negotiation of FRAND Licensing and Enforcement of SEPs” (Moderator, California Lawyers Association 49th Intellectual Property Institute, March 20, 2026)
- “Patent Year in Review” (Moderator, California Lawyers Association 49th Intellectual Property Institute, March 21, 2026)
- “Patent Litigation Venue Considerations” (Moderator, California Lawyers Association 48th Intellectual Property Institute, March 7, 2025)
- “The Law and Strategy Behind ‘the Ask’ – Developing Your Patent Damages Case on Both Sides of the ‘V’” (Moderator, State Bar of California Webinar, June 23, 2022)
- “Antibody Claiming Strategy in Europe and the U.S.” (Moderator, State Bar of California Webinar, January 20, 2022)
- “Trial by Pixels: Tips & Tricks for Conducting Patent Trials Remotely” (Moderator and Panel Chair, State Bar of California IP Institute, November 12, 2020)
- “Disgorgement of Profits for Design Patents: From the 19th Century to the 21st” (Moderator, State Bar of California, February 4, 2020)
- “How the July 2019 PTAB Trial Practice Guide Update Could Affect IPR Practice” (Moderator, State Bar of California, October 18, 2019)
- “Litigation Financing – Practical Considerations for the IP Litigator” (Panelist, Los Angeles Intellectual Property Law Association Spring Conference, May 6, 2018)
- “Two Roads Diverged: Ethics of Counseling Clients While Navigating IPRs Through the Lens of Litigation” (Featured Speaker, 54th Annual Conference on Intellectual Property Law, The Center for American and International Law, Plano, Texas, November 14, 2016)
- “Determining Damages for Multiple IP Assertions Covering One Product – A Venn Diagrams Exercise” (Featured Speaker, Abbott Laboratories, Quarterly Meeting of Intellectual Property Counsel, October 24, 2016)
- “Apportionment of Patent Damages: Daubert Proof Patent Damages Using the CAFC Valuation Methodology-Careful Apportionment Using Facts and Circumstances” (Speaker, State Bar of California, March 28, 2016)
- “Patent Disputes for Our Time: New Realities, New Approaches” (Speaker, State Bar of California, San Francisco, March 23, 2016)
- “Slaying the Dragon: Understanding and Effectively Managing the Use of the Model Order on E-Discovery in Patent Cases” (Speaker, State Bar of California, February 11, 2016)
- “Across the (IP) Universe: Developing a Diverse IP Portfolio Including Trademarks, Trade Secrets and Copyrights in Today’s Changing Protection Eligibility Landscape” (Moderator, AIPLA Mid-Winter Institute Conference, La Quinta, January 27, 2016)
- California Lawyers Association – Executive Committee, Intellectual Property Interest Group (Secretary/Treasurer)
- California Lawyers Association – Patent Interest Group (Vice-Chair) (Past)
- Federal Circuit Bar Association
- Los Angeles Intellectual Property Lawyers Association
- Individually listed in IAM Patent 1000 since 2021 (2021-2026)
- Recognized for obtaining one of the Top 50 Jury Verdicts in the United States in 2024 in IPA Technologies Inc. v. Microsoft Corp.
- Recognized in The Best Lawyers in America – Intellectual Property Litigation since 2024
- Recognized by Patexia in the 2024 CAFC Intelligence Report as one of the top 250 attorneys for Federal Circuit Court of Appeals matters.
- Selected by the Federal Circuit Bar Association as one of only 24 Global Fellows (2019-2020).
Overview
Mieke Malmberg guides life sciences, pharmaceutical and technology companies through bringing — and defending against — high-stakes intellectual property and patent disputes with experience, decisive advocacy, and business-first risk management. She is often retained as Federal Circuit appellate counsel to develop fresh, winning strategies following a loss at the trial court.
Mieke represents technology and life sciences companies of all sizes — from innovative startups to global enterprises — in their most business-critical patent and IP disputes, often involving significant damages claims and competitive implications. Her wins include a $242 million jury verdict against Microsoft and the Federal Circuit invalidation of a multi-billion dollar Novartis patent that opened the generic drug market for hundreds of thousands of MS patients. She guides life sciences, pharmaceutical, and technology companies through high-stakes intellectual property disputes with experience, decisive advocacy, and a business-first approach to risk management. Clients rely on her for clear, candid guidance and disciplined strategy across the full litigation lifecycle: IP portfolio evaluation and strategic planning, pre-litigation considerations, trial, settlement, and appeal.
Experienced patent litigator and IP strategist
Mieke’s background in biochemistry and cell biology — including hands-on laboratory research in protein isolation — gives her the ability to communicate seamlessly with inventors, technical personnel, and expert witnesses, and to present complex scientific concepts persuasively to judges and juries. Life sciences disputes are a particular strength. Mieke has represented both branded and generic pharmaceutical companies in Hatch-Waxman litigation, including matters involving Paragraph IV notice and strategy, preliminary injunctions, trials, bond recovery proceedings, and related Federal Circuit and Supreme Court proceedings. She has also advised investment firms on the patent issues and litigation dynamics that affect pharmaceutical valuations and business strategy, and counseled companies on ANDA timing, Paragraph IV notices, and at-risk launch considerations. She understands that a patent dispute rarely exists in isolation — the client’s real objective may implicate a product launch, a transaction, an investment, or the future of the business, and she structures her strategy accordingly.
In addition to pharmaceutical and life sciences matters, Mieke’s practice spans the full spectrum of patent litigation — from single-patent, single-defendant disputes to multi-district and multi-defendant actions, multi-patent assertions, and standards-essential patent disputes. She has handled Section 337 investigations before the International Trade Commission and coordinated U.S. patent litigation with related proceedings abroad. Her technology experience spans the full gamut from pharmaceutical treatments and medical devices to online advertising and distribution, computer software, consumer electronics, wireless devices, LED technology, telecommunications, encryption, artificial intelligence, and display technology, among others.
Trusted appellate counsel
Mieke is an expert in practicing before the United States Court of Appeals for the Federal Circuit, from briefing to oral argument, and has had particular success in winning Federal Circuit appeals on cases taken over post-trial.
She successfully invalidated Novartis’s dosage-regimen patent covering its blockbuster multiple sclerosis drug Gilenya®, opening the door to nationwide generic competition, and was on the team team that went on to defeat Novartis’s emergency stay application and petition for certiorari at the U.S. Supreme Court. Additionally, she secured complete Federal Circuit reversal of a $20 million fiduciary-duty judgment on behalf of a client found liable for developing an angioplasty balloon catheter while serving as an outside director.
Trademark, trade secret and copyright experience
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.
Mieke has been individually ranked in IAM Patent 1000 for multiple years and speaks regularly on issues relating to recent developments in patent litigation and damages calculations in intellectual property cases.
Before attending law school, Mieke earned a degree in biochemistry and cell biology from U.C. San Diego. After conducting laboratory research in the area of protein isolation, she went on to earn her J.D. from UC Law SF where she served as an associate articles editor on law review. Prior to joining Stris, Mieke practiced at a patent litigation boutique in Los Angeles, as well as the Los Angeles Offices of Quinn Emanuel, Akin Gump, and McKool Smith.
Representative Matters
Patent Litigation (Pharmaceutical/Life Sciences)
Mieke regularly counsels for both brand and generics in Hatch-Waxman litigation and matters relating to pharmaceutical treatments, medical devices, and methods of use.
Novartis Pharmaceuticals Corporation v. Accord Healthcare Inc., et al. (D. Del.)
Represented generic manufacturer in Hatch-Waxman trial, ultimately invalidating Novartis’s gatekeeping fingolimod (Gilenya®) patent on a petition for rehearing at the Federal Circuit; pursuing bond recovery on appeal, and representing client in follow-on litigation.
Pogona, LLC v. Pfizer & Merck Sharp & Dohme (D. N.J.)
Representing Pogona, LLC in patent infringement suit relating to Merck’s Capvaxive pneumococcal vaccine.
Colibri Heart Valve, LLC v. Medtronic CoreValve LLC (C.D. Cal.)
Represented plaintiff asserting infringement of method of use for artificial heart valve replacement, resulting in a $106.5 million jury verdict.
Dey, L.P. v. IVAX Pharmaceuticals, Inc., et. al. (C.D. Cal.)
Represented branded pharmaceutical in a Paragraph IV litigation under the Hatch-Waxman Act against six ANDA filers. Obtained a favorable settlement with all six generic manufacturers.
Allergan v. Exela Pharmsci, Inc., et. al. (C.D. Cal.)
Represented the generic manufacturer of opthamalic solution in a Paragraph IV litigation under the Hatch -Waxman Act.
Roche Diagnostics Corp. v. Apex Biotechnology, et. al. (N.D. Ill.)
Defended Apex against claims of infringement of a patent directed towards blood glucose monitoring devices.
Shire v. Watson (C.D. Cal.)
Represented the brand in a Paragraph IV litigation under the Hatch-Waxman Act relating to oral treatment for attention deficit disorder.
Patent Litigation (Other Technologies)
Mieke represents both plaintiffs and defendants from a variety of industries in patent litigation throughout the country.
IPA Technologies Inc. v. Microsoft Corp. (D. Del.)
Represented patent owner in infringement litigation on computer-assistant technology as it relates to Microsoft’s Cortana. Damages strategist, obtaining a jury verdict for $242 million (reported as the 3rd largest patent verdict in Delaware history).
Oceanovac v. Dole Food Company, Inc. (C.D. Cal.)
Defended Dole in a patent infringement action relating to a method patent directed to preserving fresh produce. Won complete dismissal with prejudice on behalf of Dole.
Aspex Eyewear v. Marchon Eyewear (C.D. Cal.)
Successfully represented defendant in a patent infringement action relating to eyeglass frames.
Freeny v. VIZIO, et. al. (E.D. Tex.)
Defended VIZIO in a patent infringement action relating to wireless technology. Achieved complete dismissal with prejudice.
Bluestone v. VIZIO, et. al. (N.D. Cal.)
Defended VIZIO in a patent infringement action relating to LED technology. Obtained dismissal of action and covenant not to sue from plaintiff following Markman and dispositive motion briefing.
Global Touch Solutions v. VIZIO, et. al. (N.D. Cal.)
Defended VIZIO against allegations of infringement of six patents relating various touch control and screen illumination features.
Unwired Planet v. Google (D. Nev.)
Represented plaintiff in a patent infringement action relating to mobile applications, including location and messaging services.
Ronald A. Katz Technology Licensing, L.P. v. General Electric Capital Corp., et. al. (C.D. Cal.)
Represented plaintiff in a lengthy and complex litigation relating to more than eight separate patents and more than 40 individual patent claims asserted against General Electric entities. This particular litigation was consolidated with more than 40 other cases in a multi-district litigation, making it one of the largest patent cases of its time in U.S. history. Obtained a favorable settlement following dispositive motion briefing.
Data Encryption Corp. v. Microsoft Corp. (C.D. Cal.)
Represented the patent owner in an infringement action relating to encryption technology.
Activision Publishing Inc. v. Worlds Inc. (C.D. Cal.)
Represented plaintiff, a video gaming company, in a patent infringement action relating to gaming software.
In the Matter of Certain Devices for Mobile Data Communication (International Trade Commission)
Represented the complainant, a pioneer in the mobile Internet and owner of several patents relating to accessing the Internet from mobile devices, in a multiple-patent investigation before the International Trade Commission.
Standards Essential Patent Litigation
Mieke is well-versed in matters relating to Standards Essential Patents and FRAND licensing.
Rockwell Automation, Inc. v. 3S-Smart Software Solutions, GMBH (E.D. Tex.)
Defended 3S-Smart Software Solutions against infringement claims and parallel ITC investigation concerning ISA-88 standards essential patents relating to manufacturing and automation. Obtained favorable settlement.
Golden Bridge Technology Inc. v. Apple, et. al. (D. Del., N.D. Cal.)
Represented plaintiff, a pioneer in 3G wireless technology, in several involving standards essential patents relating to 3G and 3G UMTS wireless telecommunications.
Mosaid Technologies, Incorporated v. Dell, Inc., et. al. (E.D. Tex.)
Represented the patent owner and exclusive licensee in a patent infringement action involving several standards essential patents relating to Wi-Fi. Obtained favorable settlements on behalf of the client with all defendants.
Appellate Litigation
Mieke has successfully briefed and argued numerous cases before the Federal Circuit.
Eisai v. Shilpa Medicare (Fed. Cir.)
Retained as appellate counsel to appeal validity and infringement judgment in a Hatch-Waxman matter relating to highly pure lenvatinib (Lenvima®).
Novartis Pharmaceuticals Corporation v. Accord Healthcare Inc., et al. (Fed. Cir.; SCOTUS)
Invalidated Novartis’s gatekeeping fingolimod (Gilenya®) patent through Federal Circuit reversal of trial court loss, and successfully defended against Novartis’s emergency stay application and petition for certiorari to the U.S. Supreme Court, opening the generic market nationwide.
Microsoft Corp. v. IPA Tech. Inc. (Fed. Cir.)
Briefed and argued several Federal Circuit appeals on behalf of IPA, successfully defending the PTAB’s determinations of validity of patent claims IPA ultimately asserted against Microsoft at trial, resulting in $242 million jury verdict on behalf of IPA.
Angioscore v. Trireme Medical, LLC (Fed. Cir.)
Retained as appellate counsel post-trial, securing complete reversal of a $20M fiduciary-duty judgment at the Federal Circuit on behalf of a client found liable for developing an angioplasty balloon catheter while serving as an outside director.
Gensetix, Inc. v. Board of Regents of the University of Texas System (Fed. Cir.)
Briefed Federal Circuit appeal on behalf of Gensetix, Inc. resulting in precedential opinion reversing trial court loss.
Oplus v. Vizio (Fed. Cir.)
Represented consumer electronics manufacturer in an appeal relating to section 285 of the Patent Act, securing vacatur of the trial court’s decision and a finding that VIZIO had incurred additional fees caused by plaintiff’s litigation misconduct.
Clean Air Engineering Maritime, Inc. v. Advanced Cleanup Technologies, Inc. (Fed. Cir.)
Retained as appellate counsel post-trial by appellee. Won affirmance of both summary judgment of non-infringement and verdict of invalidity on a method and system patent for controlling maritime emissions.
Microprocessor Enhancement Corp. v. Texas Instruments (Fed. Cir.)
Represented the owner and exclusive licensee of a patent relating to microprocessor design, securing reversal of the trial court’s order invalidating the patent.
Dealertrack, Inc. v. Huber and Finance Express, et. al. (Fed. Cir.)
Defended against claims of patent infringement relating to multiple patents related to credit processing technology. Secured reversal of trial court’s holding of validity at the Federal Circuit with findings of indefiniteness and failure to claim patentable subject matter under section 101.
Ultramercial, LLC v. Hulu, LLC (Fed. Cir.)
Represented patentee in matter concerning a method patent for gating and monetizing media content distributed over the Internet through the use of sponsored advertising. Initially overturned the trial court’s invalidity holding based on subject matter patentability, resulting in a string of Federal Circuit decisions relating to business method patents and subject matter patentability under section 101.
IP Licensing and Advisory Matters
Mieke utilizes her patent and litigation backgrounds to advise clients on their strategic business directives.
Pre-Litigation Advice, Paragraph IV Letters and At-Risk Launch Assessment and Counseling
Regularly advise clients on matters relating to the preparation, timing and basis of the Paragraph IV notice letter and the timing and filing of the Abbreviated New Drug Application under the Hatch-Waxman Act, as well as counseling on issues and risk assessments relating to FDA disclosures in light of on-going litigation, as well as at-risk product launches.
Investment Advice Pertaining to the Hatch-Waxman Act and Life Sciences
Using litigation and patent expertise, conduct confidential investment analysis in the Hatch-Waxman pharmaceutical, medical device and life sciences space, and advise on the timing and effects on revenue streams, capitalization, strength of intellectual property, validity and infringement challenges, and market pressures.
Confidential Evaluation of IP Portfolios and Strategic IP Counseling
Evaluate and develop long-term and short-term strategies concerning licensing, litigation, acquisition and divestment, as well as IP due diligence for consequential transactions.
Trademark, Copyright and Trade Secret Litigation
Mieke has represented a variety of clients in trademark, trade secret and copyright litigation throughout the country.
Newmark Merrill Companies, Inc. v. Newmark and Company Real Estate, Inc. et al (C.D. Cal.)
Successfully represented plaintiff in matter relating to trademark infringement and breach of a coexistence agreement, resulting in favorable settlement.
Patagonia, Inc. v. Range Meats Supply, LLC (C.D. Cal.)
Defended against Patagonia’s claims relating to trademark infringement, trademark dilution, and unfair competition stemming from Range’s sale and distribution of its meat products. Negotiated favorable settlement on behalf of client.
Wag Hotels v. Wag Labs (C.D. Cal.)
Represented a pet services provider in an action alleging infringement of plaintiff’s trademark by a dog walking service. Case resulted in a favorable settlement for the client.
Siebold v. Keller, et. al. (C.D. Cal.)
Represented author asserting copyright infringement claims against publishing agent. Successfully obtained admission of copyright infringement and entering into unauthorized contracts with consent judgment and permanent injunction entered against agent.
Joltid Limited v. Skype Technologies, SA (N.D. Cal.)
Represented plaintiff Joltid Limited in a high-profile copyright infringement litigation against Skype Technologies, SA, Skype, Inc., eBay Inc. and various Skype investors; developed a novel damages theory which resulted in an expeditious and favorable settlement.
Academy of Motion Pictures Arts & Sciences (Various)
Represented the Academy of Motion Picture Arts and Sciences in various copyright and trademark matters relating to OSCAR and ACADEMY AWARDS.
Bally Gaming (Various)
Represented well-known casino gaming company in several matters against online gaming competitors infringing plaintiff’s copyrights, trademarks and patents.
Air2Water, LLC, et. al. v. Aqua Sciences, Inc., et. al. (Los Angeles Superior Court)
Represented defendant against misappropriation of trade secrets claims relating to innovative water technology, securing favorable settlement.
Trixxi Clothing Company, Inc. v. Meigui, LLC, et al. (Los Angeles Superior Court)
Successfully defended former employees against misappropriation of trade secrets claims relating to the garment industry, securing favorable settlement.
Speaking Engagements
- “International Negotiation of FRAND Licensing and Enforcement of SEPs” (Moderator, California Lawyers Association 49th Intellectual Property Institute, March 20, 2026)
- “Patent Year in Review” (Moderator, California Lawyers Association 49th Intellectual Property Institute, March 21, 2026)
- “Patent Litigation Venue Considerations” (Moderator, California Lawyers Association 48th Intellectual Property Institute, March 7, 2025)
- “The Law and Strategy Behind ‘the Ask’ – Developing Your Patent Damages Case on Both Sides of the ‘V’” (Moderator, State Bar of California Webinar, June 23, 2022)
- “Antibody Claiming Strategy in Europe and the U.S.” (Moderator, State Bar of California Webinar, January 20, 2022)
- “Trial by Pixels: Tips & Tricks for Conducting Patent Trials Remotely” (Moderator and Panel Chair, State Bar of California IP Institute, November 12, 2020)
- “Disgorgement of Profits for Design Patents: From the 19th Century to the 21st” (Moderator, State Bar of California, February 4, 2020)
- “How the July 2019 PTAB Trial Practice Guide Update Could Affect IPR Practice” (Moderator, State Bar of California, October 18, 2019)
- “Litigation Financing – Practical Considerations for the IP Litigator” (Panelist, Los Angeles Intellectual Property Law Association Spring Conference, May 6, 2018)
- “Two Roads Diverged: Ethics of Counseling Clients While Navigating IPRs Through the Lens of Litigation” (Featured Speaker, 54th Annual Conference on Intellectual Property Law, The Center for American and International Law, Plano, Texas, November 14, 2016)
- “Determining Damages for Multiple IP Assertions Covering One Product – A Venn Diagrams Exercise” (Featured Speaker, Abbott Laboratories, Quarterly Meeting of Intellectual Property Counsel, October 24, 2016)
- “Apportionment of Patent Damages: Daubert Proof Patent Damages Using the CAFC Valuation Methodology-Careful Apportionment Using Facts and Circumstances” (Speaker, State Bar of California, March 28, 2016)
- “Patent Disputes for Our Time: New Realities, New Approaches” (Speaker, State Bar of California, San Francisco, March 23, 2016)
- “Slaying the Dragon: Understanding and Effectively Managing the Use of the Model Order on E-Discovery in Patent Cases” (Speaker, State Bar of California, February 11, 2016)
- “Across the (IP) Universe: Developing a Diverse IP Portfolio Including Trademarks, Trade Secrets and Copyrights in Today’s Changing Protection Eligibility Landscape” (Moderator, AIPLA Mid-Winter Institute Conference, La Quinta, January 27, 2016)
Associations
- California Lawyers Association – Executive Committee, Intellectual Property Interest Group (Secretary/Treasurer)
- California Lawyers Association – Patent Interest Group (Vice-Chair) (Past)
- Federal Circuit Bar Association
- Los Angeles Intellectual Property Lawyers Association
Awards
- Individually listed in IAM Patent 1000 since 2021 (2021-2026)
- Recognized for obtaining one of the Top 50 Jury Verdicts in the United States in 2024 in IPA Technologies Inc. v. Microsoft Corp.
- Recognized in The Best Lawyers in America – Intellectual Property Litigation since 2024
- Recognized by Patexia in the 2024 CAFC Intelligence Report as one of the top 250 attorneys for Federal Circuit Court of Appeals matters.
- Selected by the Federal Circuit Bar Association as one of only 24 Global Fellows (2019-2020).
Admissions
Mieke's
News