Paul S. Malingagio is a partner in the Business Trial Group in the firm’s Los Angeles office, where he specializes in civil litigation, with an emphasis in the trial of complex and technology driven business matters and alternative dispute resolution.
Mr. Malingagio and one of his partners defended Northrop in this $75 million superior knowledge and breach of contract action filed in Indiana State Court. The plaintiffs were subcontractors to Northrop for a key component on Northrop’s YF-23 advanced tactical fighter aircraft designed and produced for the United States Air Force.
During the eight-week jury trial in Indianapolis, Indiana, Mr. Malingagio was responsible for conducting the direct and cross-examinations of percipient and expert witnesses in the fields of aerodynamics, jet propulsion and acoustic fatigue.
The experts included a 20-year NASA propulsion specialist, a Ph.D. employed at the Jet Propulsion Laboratory and a tenured professor at Purdue University, in addition to various engineers employed by the plaintiffs and by Northrop.
General Civil Litigation: intellectual property, patents, trade secrets, unfair competition, corporate securities, real estate, product liability, and financial institutions.
Financial Institutions Litigation: lender liability, security interests, uniform commercial code, commercial loan defaults, attachments, claim and delivery, receivers, judicial foreclosures, injunctions, relief from stay proceedings, non-dischargeability of debt, objections to discharge.
Alternative Dispute Resolution: significant experience with most forms of alternative dispute resolution, including complex arbitration hearings and mediations with the American Arbitration Association and J.A.M.S., arbitration of patent infringement claims, and trials with judges pro tem. Appointed by the Los Angeles Superior Court to serve as the hearing officer in more than two dozen judicial arbitrations.
Mr. Malingagio represented Freedom Innovations in defense of patent infringement claims filed by Ossur North America, one of the world’s two largest manufacturers of lower leg prosthetic devices. After Mr. Malingagio filed counterclaims and a summary judgment motion raising issues of inventorship, patentability and inequitable conduct, the matter was settled on favorable terms with a license to Freedom Innovations.
- J.D., Loyola Law School, 1979, cum laude, Law Review
- B.A., University of California, Los Angeles, 1975
- U.S. District Court for the Central, Northern, Eastern and Southern Districts of California
- Ninth Circuit Court of Appeals
- Court of Appeals for the Federal Circuit
- U.S. Supreme Court
- Member, Litigation Section, American Bar Association
- Member, Litigation Section, State Bar of California
- Member, Litigation and Prejudgment Remedies Sections, Los Angeles County Bar Association
- Member, Association of Business Trial Lawyers
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