Legal 04

William B. Mallin

November 20, 1932 ~ March 4, 2020 (age 87)

Obituary

William B.  Mallin

Age 87 of Fox Chapel, on Wednesday, March 4, 2020. Beloved husband of 65 years of Norma (Reisch) Mallin. Loving father of Linda (John) Mallin Quigg, David Paul Mallin, and the late Amy Mallin; cherished grandfather of Emma Kelly Quigg and Samantha Mallin; brother of Robert Mallin;  also many nieces and nephews.  Mr. Mallin practiced law for 56 years after he received his law degree cum laude from Harvard Law School and his bachelor’s degree magna cum laude in engineering from the University of Pittsburgh, which honored him as the 2002 Distinguished Alumnus of the Engineering School, Industrial Engineering. Mr. Mallin culminated his career as the General Counsel of Eckert Seamans and practiced in the firm’s Litigation Division. He served as Chairman of the Litigation Division for over 10 years and also served as the Chairperson of the Executive Committee of which he was member for many years.  Mr. Mallin argued and won an important case involving the Landham Act and the Constitution before the United States Supreme Court. He represented the respondent, an agency of the state of Florida, in College Savings Bank v. Florida Prepaid. The Court upheld Florida Prepaid’s constitutional position that sovereign immunity under the Eleventh Amendment to the United States Constitution barred suit against a state.  Previously, William successfully argued before the United States District Court of New Jersey and the United States Court of Appeals for the Third Circuit that the 1992 Trademark Remedy Clarification Act was unconstitutional in part.  The Supreme Court not only agreed that the statute was unconstitutional but it also accepted Mr. Mallin’s argument that an earlier Supreme Court decision should be overruled.  In addition, he was co-counsel for the same Florida agency in a related patent infringement case in which the Supreme Court also dismissed the case on the basis of Eleventh Amendment sovereign immunity and decided that the Patent Remedy Clarification Act is unconstitutional.  Mr. Mallin was counsel of record for the petitioners in the Markman case involving the constitutional right to jury trial in patent litigation which he argued before the United States Supreme Court in 1996. The case was a landmark holding that the Seventh Amendment does not guarantee the right to jury trial of disputes about the meaning of terms in a patent. He also had extensive experience in civil and criminal antitrust litigation. Mr. Mallin tried patent infringement cases in bench and jury trials, and has argued appeals in patent cases before the Court of Appeals for the Federal Circuit.  Mr. Mallin taught Law and Engineering at the Engineering School of the University of Pittsburgh.  He was a visiting professor at the College of Law of West Virginia University where he taught Federal Jurisdiction.  William served on the faculty of the Intensive Advocacy Program of the University of Texas School of Law and the NITA Trial Program at Duquesne University School of Law.  William was admitted to practice law in Pennsylvania and New York and was also admitted to practice before the United States Supreme Court and the Federal Circuit and Third Circuit of the United State Courts of Appeals.  Amongst friends, William was well known for his love of the Pittsburgh Steelers, political debate, and chocolate. He was a valued member of his community, the Fox Chapel Presbyterian Church, and the Duquesne Club. He was a history buff and enjoyed visiting the places he studied. Mr. Mallin was a founder of Summer’s Best 2 Weeks in Boswell, PA. 

Family and friends will be received, Saturday March 7th from 2 p.m. to 6 p.m. at WEDDELL-AJAK FUNERAL HOME, 100 Center Ave. Aspinwall.  A Funeral Service will be held Sunday, March 8th at 2 p.m. at the Fox Chapel Presbyterian Church, 384 Fox Chapel Rd., Pittsburgh 15238.  In lieu of flowers, memorial contributions can be made to Summer’s Best 2 Weeks, A Christian Sports Camp, 111 Lake Gloria Rd., Boswell, PA 15531.

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Services

Visitation
Saturday
March 7, 2020

2:00 PM to 6:00 PM
Weddell-Ajak Funeral Home
100 Center Avenue
Aspinwall, PA 15215

Funeral Service
Sunday
March 8, 2020

2:00 PM
Fox Chapel Presbyterian Church
384 Fox Chapel Rd.
Pittsburgh, PA 15238

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