Malissa S. Magiera
Primary Areas of Practice
With a Master’s degree in biology, and extensive experience as a patent agent, law clerk, and researcher, Malissa Magiera works with our attorneys to help them with drafting, research, and preparation.
Malissa’s strong suit is her interpersonal skills. She brings a high level of emotional intelligence and extroversion to her work, which enables her to connect with clients, colleagues, and others involved in her projects. She excels at building relationships, earning the trust of clients, and creating a collaborative, productive working atmosphere. Ultimately, the practice of law is a highly collaborative enterprise, involving clients, fellow attorneys, and other stakeholders. Her interpersonal skills help Malissa support, and maintain, high-performance legal teams.
She is also exceptionally diligent and hardworking. The essence of being an associate is attention to detail, thoroughness, and care. Malissa excels at all of these. She thrives on the strategy and challenge of practicing law, as well as the variety from case to case, and the constant learning.
Finally, as a relatively new associate with a technical background, Malissa brings a new, innovative perspective to her cases. Because technology, and the law, are constantly changing, her ability to look at situations in new ways, and to envision new solutions to common problems, often enables her to deliver innovative answers to common questions.
Although her primary area of scientific interest is biologics and biosimilars, Malissa supports Rothwell Figg attorneys in a variety of roles, and works on a wide range of technologies. She is also active in the firm’s pro bono projects, which, again, draws on her relationship-building skills.
Malissa is unusual in that she has already passed the patent bar, an achievement typically reserved for much more senior attorneys. In addition, she has published a Note in the Indiana Law Review, dealing with the issue of “evergreening” – extending the exclusivity period of a drug through the filing of multiple secondary patents. The Note, entitled “Leaving the Evergreening Problem to the Patent Experts” was published in 2021.
Law firms, particularly those dealing in intellectual property, are led by experienced partners, but powered by associates, who do the foundational, day-to-day research, organization, drafting, and behind-the-scenes preparation upon which the entire undertaking depends. This is work that demands energy, focus, and steady, consistent attention, which becomes increasingly demanding and strategic as a matter progresses. By providing this work for the attorneys and clients of Rothwell Figg, Malissa helps both innovate, commercialize, and realize the fruits of their work and creativity.
- Speaking Engagement,
"Leaving the Evergreening Problem to the Patent Experts - the USPTO, the PTAB, and the Federal Circuit," Indiana Law Review, Volume 54, Number 1.
Community & Professional
American Bar Association (ABA)
American Intellectual Property Law Association (AIPLA)
- Appellate Litigation
- FDA Regulatory
- Hatch-Waxman Litigation
- Inter Partes Review (IPR) and Post Grant Review (PGR)
- Licensing and Transactions
- Opinions, Freedom to Operate, and Patentability Analysis
- Patent Litigation
- Patent Prosecution
- Patent Strategy and Counseling
- Portfolio Management
- Trademark Litigation
- Trademark Prosecution
- Trademark Searching and Watching
J.D., Indiana University Robert H. McKinney School of Law
M.S., Purdue University, Biology
B.S., Purdue University, Biology and Neuroscience
Bar & Court Admissions
- District of Columbia
- U.S. Patent and Trademark Office