Lidiya Mishchenko

Lidiya Mishchenko focuses on intellectual property and technology-related litigation, with an emphasis on appeals. Her Ph.D. from an interdisciplinary experimental group at Harvard University exposed her to a wide array of technologies, including semiconductor fabrication, microfluidics, surface and synthetic chemistry, and optics. Dr. Mishchenko also has a wide-ranging legal background, with clerkships from trial and appellate courts and experience with both transactional patent work before the U.S. Patent and Trademark Office and district court litigation. 

Dr. Mishchenko joins MoloLamken after completing a three-year appointment as a Visiting Assistant Professor at Duke Law School. At Duke, Dr. Mishchenko designed and taught a variety of courses focused on administrative and patent law. She also published articles, several in high-ranking flagship law reviews and journals, on the topics of intellectual property, regulation, and competition.  

Dr. Mishchenko served as a law clerk to the Honorable Timothy B. Dyk of the U.S. Court of Appeals for the Federal Circuit and to the Honorable Steven L. Tiscione, Magistrate Judge for the U.S. District Court for the Eastern District of New York. Before clerking, she was a prosecution associate at Fish & Richardson in Silicon Valley. Dr. Mishchenko has drafted and prosecuted patent applications in U.S. and foreign jurisdictions for a variety of high tech, alternative energy, and university clients. She has also prepared substantive pre-trial motions and patent infringement and invalidity charts.

* Admitted only in Maryland and California; practice supervised by D.C. Bar Members.

Representative Matters

• A domestic semiconductor company in a patent infringement dispute related to transistor structures
• A California strawberry producer in a patent infringement case involving proprietary strawberry varieties 

Publications

• Holistic Claim Construction, 45 Cardozo L. Rev. 123 (2023)
• Thank You for Not Publishing (Unexamined Patent Applications), 47 BYU L. Rev. 1563 (2022)
• A Functional Approach to Agency (In)Action, 75 SMU L. Rev. 117 (2022)
• The Internet of Things: Where Privacy and Copyright Collide, 33 Santa Clara High Tech. L.J. 90 (2016)
• In Defense of Churches: Can the IRS Limit Tax Abuse by “Church” Impostors?, 84 Geo. Wash. L. Rev. 1361 (2016)
• Alice: Through the Formalist Looking-Glass, 97 J. Pat. & Trademark Off. Soc’y 214 (2015)

Presentations 

• Holistic Claim Construction, Intellectual Property Scholars Conference, Stanford, CA (Aug. 11, 2022)
• Holistic Claim Construction, Duke Law Faculty Summer Workshop, Durham, NC (June 1, 2022)
• AI Techniques to Analyze Written Description and Enablement Rejections, Intellectual Property Scholars Conference (with Dean Alderucci) (Aug. 12, 2021)
• Thank You for Not Publishing, Junior Scholars Weekly Workshop (Jan. 28, 2021)
• Thank You for Not Publishing, Association of American Law Schools 2021 Annual Meeting, New Voices in IP (Jan. 6, 2021)
• Clearing the Clutter: Patent Disclosure Overload, Works-in-Progress Intellectual Property Colloquium, Santa Clara, CA (Feb. 7, 2020)
• Clearing the Patent Clutter: Reinventing Patent Disclosure, The George Washington Law School Wednesday Lunch Series, Washington, DC (Sept. 18, 2019)