Photograph of Robert S. Mallin

Education

  • University of Illinois, B.S. chemical engineering (1985)
  • Loyola University of Chicago Law School, J.D. (1990)

Admissions

  • Illinois
  • U.S. Patent and Trademark Office (USPTO)
  • U.S. District Court for the Western District of Texas
  • U.S. District Court for the Western District of Michigan
  • U.S. District Court for the Northern District of Illinois, Trial Bar
  • U.S. District Court for the Eastern District of Wisconsin
  • U.S. Court of Appeals for the Federal Circuit
  • Illinois Supreme Court

Professional Experience

  • Frito Lay
    Project Engineer, 1985–1987

Robert S. Mallin

Partner
Chicago
rmallin@crowell.com
Phone: +1 312.321.4221
455 N. Cityfront Plaza Drive
Suite 3600
Chicago, IL 60611

As a patent litigator, Robert S. Mallin uses his experience as litigation strategist and first-chair trial attorney to maximize his clients’ returns in patent and trademark disputes. Having significant exposure to both traditional patent litigation in federal courts and in post-grant Inter Partes Review (IPR) proceedings at the United States Patent and Trademark Office, Robert counsels clients on where and how to most effectively litigate patent invalidity claims. Where appropriate, Robert has successfully used the IPR process to invalidate patents asserted against his clients or to stay ongoing litigation, avoiding lengthier and more costly court proceedings.

Robert has vast experience in all phases of litigation—including preliminary injunctions, Markman hearings, and jury trials—as well as in proceedings before the International Trade Commission, in IPR proceedings, and in other post-grant review proceedings before the Patent Trial and Appeal Board. Over his career, he has appeared in more than 75 cases in more than 20 different courts and other forums, including the ITC and PTAB. Alongside his successful litigation practice, Robert advises clients on licensing, patentability, and validity issues, as well as patent prosecution. Robert also has experience as a process engineer for a food manufacturing company where he worked with equipment used in a manufacturing environment for processing, packaging, quality control, and material handling and transportation. Throughout all of his work, he places an emphasis on anticipating issues and helping clients to think forward for long-term strength and effectiveness.

Robert has represented major clients in the in vitro diagnostics, bakery product manufacturing, automotive, telecommunications, tobacco processing, electronic and smokeless tobacco devices, and trading platform software products areas. He has counseled clients in a variety of other technical areas including electromechanical inventions, mechanical inventions, chemical processing and chemical engineering, medical devices, computer chips, metallurgical processing and biotechnology.

Prior to joining Crowell & Moring, Robert was a shareholder at Brinks Gilson & Lione.

Representative Matters

  • Representing Sysmex Corporation and Sysmex America, Inc. in patent litigation as a plaintiff in the District Court of Delaware and as a defendant in the Northern District of Illinois.
  • Represented R.J. Reynolds in patent litigation and IPR proceedings involving electronic cigarettes.
  • Represented Interactive Data Corporation and obtained summary judgment of noninfringement in an infringement action in federal district court involving a patent related to the processing of financial data.
  • Represented Kia Motors, Hyundai and 11 dealerships throughout the US in multi-forum dispute based on sales of vehicles with keyless ignition. Under Robert’s guidance, cases brought in 10 different district courts were consolidated and dismissed pending IPR proceedings relating to patent invalidity and bankruptcy proceedings relating to patent ownership. The patent was subsequently invalidated in the IPR proceeding and found not to be owned by the plaintiff in the Bankruptcy proceeding.
  • Represented plaintiff in patent litigation concerning equipment and processing methods for manufacturing corn-based crunchy snacks and included study of baking equipment and related processing.
  • Involved in trademark litigation concerning covered packaging and product configuration.
  • Handled opinions and counseling for food manufacturer.