A Jack of All Trade(marks, patents & copyrights)s: An Interview with Monika Malek

Monika Malek is an associate in Vedder Price’s Chicago office and a member of the firm’s Intellectual Property (IP) group. She maintains a broad practice spanning trademark, copyright and patent litigation, prosecution (writing and filing a patent), enforcement (monitoring for potential infringement or enforcing an owner’s rights) and portfolio management (advising on business strategies associated with a patent). Prior to joining Vedder Price, she was an associate at a boutique law firm where she worked closely with clients on litigation and transactional matters involving a wide range of IP issues. She earned her law degree from Loyola University Chicago School of Law and her undergraduate degree in Biology from the University of Minnesota, Twin Cities. While in law school, she was awarded Loyola’s Laura Terlizzi Scholarship, given to a female student intending to practice intellectual property law, and three CALI Awards for the highest grade in Copyright, IP Advocacy, and IP Colloquium. She also researched issues related to drug patents in domestic and international contexts as a research assistant to Professor Ho.
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An Unconventional Path to IP at Loyola

An Inorganic Start

When asked why I chose to study intellectual property (IP), my most common answer is because of my unconventional wisdom.

Although this is true, it’s also a reference to my alma mater’s catch phrase, “Unconventional Wisdom.” Its true definition was a catch-all for not only describing the quirkiness of our university, but also how people used their unique experiences to solve problems and reach conclusions.

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An IP Student’s Guide to Patent Law: What I Wish I Knew Before My First Interview

I came to Loyola with an interest in intellectual property, specifically patents. Patents are granted by a country to protect inventions by granting the inventor certain rights. When it came time to start my job search for my 1L summer, I knew I wanted to try and get experience in the field of IP. In every IP interview I’ve had thus far, the interviewer has always asked what kind of patent law I want to practice. Do I want to “prosecute” patents, meaning writing and obtaining a patent for an inventor? Or, do I want to litigate issues for granted patents? These are the two most common areas of patent law. In my early interviews, I would answer patent litigation. I have previous experience as a litigation consultant prior to law school, and have always romanticized being a trial attorney. However, as I gained interview experience and spoke with more attorneys, I realized there were many different areas of patent law of which I had no idea existed. I realized I had an interest in a lot of them. After learning more about these fields, I was able to better tailor my job search to firms that offered those types of patent law.

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pancakes

Patents and Pancakes

I had a fairly clear idea when I came to Loyola University Chicago School of Law that I wanted to focus on patent law. Having a science background, it seemed like a natural fit given the intersection between patent law and science. However, my interests weren’t solidified until I read patent cases assessing the validity of a patented pancake recipe. You’ll have to learn a little bit about my childhood to understand why those interests solidified though. 

A consistent motivating force throughout my life has been figuring out how things worked. As a kid, whenever I got bored with a toy, I would sneak tools from my dad’s toolbox and take it apart. I wanted to get a better understanding of how the toy worked. Knowing that I’d get a lecture on why I shouldn’t break my toys, I’d try to put them back together—often unsuccessfully. Nevertheless, the hunt for that forbidden knowledge was worth the lecture and one less toy. I needed to figure out how it worked, no matter the consequences.

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