Kevin J. Malaney is a partner and an intellectual property lawyer with Foley & Lardner LLP where his practice involves the resolution of patent, trade secret, and other intellectual property disputes. Mr. Malaney is a member of the firm’s Intellectual Property Litigation Practice.
His case experience spans many diverse technologies with a primary focus on computer software and hardware disputes. Exemplary technologies include process control systems, VoIP, 802.11, biometric encryption and decryption, and media content delivery applications.
Through this experience, Mr. Malaney has handled cases involving standards-setting organizations and cases involving parallel Patent Office proceedings.
After his undergraduate studies and prior to law school, Mr. Malaney was a software engineer at Oracle Corporation. While at Oracle, he designed and implemented complex software applications for aggregating, presenting, and analyzing large data sets
Mr. Malaney received his law degree, with honors, from the University of Chicago Law School in 2007. Mr. Malaney received his undergraduate degree, with distinction, in computer science from the University of Wisconsin – Madison in 2000.
Admissions and Professional Memberships :
Mr. Malaney is admitted to practice in Wisconsin. He is an active member of the American Bar Association, the Wisconsin Bar Association, and the Wisconsin Intellectual Property Law Association.
Representative Matters :
- Foley secured a complete victory in the Federal Circuit on behalf of Major League Baseball Advanced Media (MLB Advanced Media), likely ending a 12-year patent dispute. Foley partner Cynthia Rigsby argued in the Federal Circuit in support of MLB Advanced Media’s District Court victory and received summary affirmance just two days post-argument.
- The case dates back to 2003 and stems from a dispute over a method of condensing a recorded baseball game. Plaintiff Baseball Quick claimed patent infringement and sought a royalty on MLB Advanced Media revenues alleged to exceed $400 million as of 2011. Baseball Quick also asked for damages to be trebled and for attorneys’ fees.
- MLB Advanced Media denied infringement and claimed that the Baseball Quick’s patent was invalid. In December 2014, U.S. District Judge Kathryn Forrest of the Southern District of New York granted MLB Advanced Media’s summary judgment motion, confirming MLB Advanced Media’s technology did not infringe Baseball Quick’s patent either literally, or under the doctrine of equivalents.
- Baseball Quick appealed the decision in March 2015 and on December 10, 2015, a Federal Circuit panel including Judges Dyk, O’Malley, and Stoll affirmed the District Court’s decision. MLB Advanced Media was represented on appeal by Cynthia Rigsby, Kevin Malaney and Michelle Moran.
- In addition to the appellate team, the District Court case team included George Beck, Mary K. Braza, Peter Wang, Yonaton Aronoff, Justin Gray and Sara Madavo.Our other representations for MLBAM involve patent litigation, patent counseling and procurement and licensing.
- To date, we have applied for 29 patents and successfully obtained 15 on MLBAM’s behalf. MLB has been a pioneer in its on-line sports content distribution and fan interaction strategies.
- Leading amongst professional sports leagues, MLB is at the forefront of new media technologies and opportunities for expansion to markets beyond the U.S., including Canada, Europe and Japan.
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