Jordan N. Malz

Jordan N. Malz has over 20 years of experience serving his clients as trial counsel on high-profile, “bet the company” patent litigations in federal district courts and at the International Trade Commission.  On behalf of both plaintiffs and defendants, Mr. Malz has led teams, presented in-court argument and testimony, and obtained significant victories in all phases of patent litigations, including motions to dismiss, motions to transfer, Markman hearings, summary judgment motions, trials, post-trial motions, and appeals.  Mr. Malz litigates cases in a wide array of technologies, including smartphones, optics, processors, semiconductors, telecommunications, networks, pharmaceuticals, and medical devices.  Mr. Malz also is a “go to” person for brief-writing as well as for taking and defending key depositions.  Mr. Malz is admitted to practice before the United States Patent and Trademark Office based on his scientific and technical background in physics.
 
On behalf of plaintiffs, Mr. Malz has played a leading role on trial teams that achieved highly-publicized victories.  Mr. Malz and others from Desmarais LLP won a record-setting jury verdict of $1.5 billion on behalf of Lucent Technologies.  And in an ITC proceeding in the “smartphone wars,” Mr. Malz was a key member of the trial team that obtained an exclusion order on behalf of a leading consumer electronics company.  Mr. Malz also has led licensing and litigation enforcement campaigns for numerous clients, including a campaign for Enzo Life Sciences that resulted in over $100,000,000 of settlements.

On behalf of defendants, Mr. Malz obtained a “no violation” dismissal of an ITC investigation on the eve of trial on behalf of Cisco Systems.  Mr. Malz also has regularly obtained pre-trial victories that have led to favorable settlements and, in some cases, has successfully facilitated post-dispute “win-win” collaborations between the previously adverse parties.

In addition to his patent litigation practice, Mr. Malz has significant experience handling proceedings at the United States Patent and Trademark office, including inter partes reviews and ex parte reexaminations.  Mr. Malz has been named a “Top 50 Patent Owner Attorney at the PTAB” by Managing IP.  Mr. Malz also has substantial experience negotiating and drafting patent license agreements as well as litigating trade secret and antitrust disputes.

Before joining Desmarais LLP in 2013, Mr. Malz was a partner for many years in the Intellectual Property Group of Kirkland & Ellis LLP.  During law school, Mr. Malz worked in the Securities Fraud Division at the United States Attorney’s Office for the Southern District of New York and as an editor of the Harvard Law School Journal on Legislation.

Outside of work, Mr. Malz volunteers in his community as a member of the Edgemont School Board Nominating Committee and the Edgemont Community Council.

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

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

Courts

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

Other Distinctions

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