Michael J. Malecek - Kaye Scholer LLP

Michael J. Malecek

Listed in Best Lawyers since 2014

Michael J. Malecek is Co-Chair of the Intellectual Property Department and a member of the White Collar Litigation and Internal Investigations practice. Mike represents some of the leading biotech and technology companies in the US, including Google, Sequenom, Affymetrix, Complete Genomics, and salesforce.com. His practice largely focuses on patent litigation, but he has experience in all areas of litigation, including general commercial, white collar, compliance, securities and employment. He has served as trial counsel in over a dozen jury trials, all of which resulted in victories for his clients.


Chambers USA 2014 ranks Mike as a leading lawyer in California in both IP and Life Sciences, stating that clients describe him as “a very fine lawyer; very creative and does a very effective job for his clients.” Chambers also notes that he is “an experienced patent litigator who works with a number of major players in the biotech and technology industries” (Chambers USA 2014) and that he “brings obvious industry and subject area expertise. He also brings the perspective of an in-house lawyer and a view towards what is best for the business.” (Chambers USA 2013). Mike was also recently recognized for his work in California in the 2014 edition of IAM Patent 1000, which points out that Mike “always hits the ground running and can go toe to toe with anybody out there.” Mike was named an “IP Star” by Managing IP Handbook 2014 and as a “Life Science Star” by Euromoney’s LMG Life Sciences Guide 2013, recommended by The Legal 500 United States 2013, and named one ofThe Daily Journal’s “Top 75 IP Litigators” in California for 2013 and 2010.  Mike is also recognized in Best Lawyers in America 2014 for intellectual property litigation and patent law. 

Prior to joining Kaye Scholer, Mike was the chief advocacy counsel for Affymetrix, Inc., a biotechnology company in Silicon Valley. As lead trial counsel, he obtained a jury verdict of infringement of five different Affymetrix patents and a 15 percent royalty rate in the District of Delaware, which led to a $90 million settlement. Before Affymetrix, Mike was an assistant US attorney for the Eastern and Northern Districts of California, where he investigated and prosecuted technology-related and intellectual property crimes, such as extensive counterfeit software rings, and other white collar matters.

Additional Information

Court Admissions
  • US Supreme Court


    US Court of Appeals, Federal Circuit


    US Court of Appeals, 9th Circuit


    US District Court, Northern District of California


    US District Court, Central District of California


    US District Court, Eastern District of California


    US District Court, Southern District of California


    US District Court, District of Delaware, pro hac vice

  • US District Court, Southern District of New York, pro hac vice

  • US District Court, District of Massachusetts, pro hac vice

Yale CollegeBA University of Virginia School of LawJ.D.

Office Location

Two Palo Alto Square, Suite 400
3000 El Camino Real
Palo Alto, CA 94306-2112
United States

Practice Areas

Litigation - Intellectual Property
Patent Law