Thanksgiving
is
in
the
air,
even
though
the
weather
here
in
New
York
City
has
been
more
suggestive
of
the
approach
to
Memorial
Day.
In
the
spirit
of
the
season,
I
think
it
is
worthwhile
to
take
a
moment
to
celebrate
the
blessing
of
being
able
to
practice
in
an
area
of
law
that
remains
interesting
and
energizing
even
after
over
two
decades.
While
I
have
been
fortunate
over
the
years
to
have
handled
matters
involving
copyright,
trademark,
and
trade
secret
issues,
the
bulk
of
my
practice
has
always
revolved
around
patent
litigation,
which
will
be
the
focus
of
the
rest
of
this
column.
(I
invite
readers
to
email
me
to
share
what
they
continue
to
love
about
their
area
of
IP
practice,
which
may
prove
interesting
fodder
for
a
column.)
As
you
will
see,
most
of
my
comments
will
be
applicable
to
both
patent
prosecutors
and
litigators,
which
should
not
be
a
surprise
considering
how
intertwined
these
disciplines
are.
To
start,
I
can
hearken
back
to
a
column
that
I
wrote
on
these
pages
back
in
2018.
There,
I
shared
some
thoughts
arising
out
of
some
advice
I
had
been
solicited
for
by
a
student
just
starting
the
law
school
application
process.
Considering
the
student’s
potential
interest
in
patent
practice,
my
advice
centered
on
how
someone
maximizes
the
law
school
experience
to
best
position
themself
for
success
as
a
patent
practitioner.
For
purposes
of
this
column,
however,
I
would
prefer
to
address
current
law
students
who
are
perhaps
deciding
what
area
of
practice
to
focus
their
elective
studies
on,
as
well
as
junior
associates
that
might
have
the
ability
of
joining
their
firm’s
patent
practice
group.
There
are
always
those
ready
to
tear
down
or
discourage
younger
lawyers
from
choosing
a
particular
practice
area.
My
hope
is
that
by
highlighting
some
of
the
positives
of
patent
practice,
those
on
the
fence
might
have
reason
to
take
a
deeper
look
and
consider
joining
this
ever
vital
and
important
area
of
law.
As
with
most
things
of
importance,
a
variety
of
experiences
and
challenges
are
often
the
calling
card
for
long-term
contentment
in
any
endeavor.
And
you
will
have
a
variety
of
experiences,
while
facing
varied
challenges,
during
a
patent
litigation
career.
Driving
those
experiences
and
challenges
will
be
situations
arising
out
of
the
relationships
you
make
along
the
way
—
with
the:
1)
lawyers
you
encounter
as
colleagues
and
opposing
counsel,
2)
clients
and
audiences
(e.g.,
judges,
juries,
etc.
you
must
interact
with),
and
3)
with
the
material
that
forms
the
basis
of
your
professional
focus
and
responsibilities.
I
will
discuss
a
bit
more
about
each
of
these
categories
in
turn.
First,
your
fellow
patent
litigators.
They
will
be
a
diverse
bunch,
at
least
in
terms
of
educational
backgrounds
and
personalities.
(Work
is
still
being
done
on
making
patent
litigation
a
more
welcoming
choice
for
lawyers
from
diverse
ethnic
backgrounds
and
economic
status.)
Some
will
embrace
an
identity
as
a
“patent
nerd,”
digging
deep
into
the
technical
aspects
of
a
case
and
getting
as
worked
up
about
the
science
as
if
they
were
an
engineering
or
computer
science
student.
Others
will
identify
more
with
the
idea
that
they
are
specialized
federal
court
litigators,
at
home
discussing
the
nuances
of
venue,
or
damages,
or
any
other
of
the
manifold
legal
issues
that
are
present
in
even
the
most
simple
patent
cases.
You
may
be
interacting
with
them
as
a
colleague
or
an
adversary,
but
either
way,
practicing
patent
litigation
will
challenge
you
to
adapt
to
a
wide
range
of
personality
types.
While
interacting
with
some
will
be
difficult,
you
can
also
be
assured
that
nearly
everyone
you
encounter
will
be
intelligent
and
conscientious
—
with
at
least
some
affinity
for
the
work
they
do,
as
patent
law
is
not
a
practice
that
many
“fall
into.”
Instead,
it
is
an
area
of
law
that
is
the
preferred
choice
for
many
of
its
practitioners.
Second,
working
as
a
patent
litigator
will
introduce
you
to
a
wide
variety
of
audiences
for
your
work
product.
You
will
likely
encounter
a
range
of
clients,
including
those
that
are
legally
unsophisticated
but
passionate
about
patents,
as
well
as
in-house
counsel
that
may
be
very
legally
sophisticated
and
equally
passionate
about
the
patents
their
company
owns,
or
is
defending
against,
and
their
value.
Often,
you
will
have
to
convince
the
nonlawyers
at
the
client
you
are
representing
of
the
strength
of
their
case,
including
the
economic
prospects
of
continuing
with
litigation
or
deciding
to
reach
a
settlement.
Likewise,
you
will
find
yourself
arguing
before
generalist
district
court
and
magistrate
judges,
as
well
as
before
patent-focused
administrative
law
judges
in
the
USPTO
and
ITC.
And
you
will
spend
much
of
your
time
considering
how
a
law
jury
might
react
to
the
circumstances
of
your
case,
even
as
the
the
overwhelmingly
majority
of
cases
will
end
up
disposed
of
well
before
a
jury
is
ever
empaneled.
Going
forward,
you
will
likely
also
encounter
more
investment-focused
folks
on
your
patent
litigation
journey,
whether
in
the
form
of
litigation
funders,
insurers,
or
those
whose
investments
in
the
public
markets
are
impacted
by
patent
litigation
activity.
Lastly,
patent
litigation
promises
to
never
be
a
boring
enterprise,
at
least
in
terms
of
subject
matter.
Each
case
or
matter
is
an
opportunity
to
immerse
yourself
in
an
interesting
area
of
technological
or
scientific
development,
often
aided
by
top-notch
experts
in
the
field
of
inquiry.
For
those
with
a
more
financial
bent,
patent
cases
provide
the
opportunity
to
work
with
leading
economists
as
they
grapple
with
the
twisting
rope
of
patent
damages
law
as
they
try
to
present
a
persuasive
case
for
assigning
a
value
to
the
patents
in
controversy.
And
for
those
who
like
to
focus
on
the
nuances
of
procedure,
patent
litigation
provides
the
opportunity
to
practice
across
a
wide
range
of
fora,
each
with
its
own
rules
and
processes,
from
the
federal
circuit
to
the
USPTO
and
a
nation-spanning
group
of
district
courts
as
well.
Aiding
in
the
challenge
nowadays
is
a
growing
set
of
analytical
and
AI
tools,
each
of
which
presents
opportunities
to
engage
with
the
vast
universe
of
patent
and
litigation
data
in
new
and
creative
ways.
In
sum,
the
future
is
bright
for
patent
litigators.
I
hope
you
consider
adding
your
talents
to
the
mix.
Please
feel
free
to
send
comments
or
questions
to
me
at
[email protected]
or
via
Twitter:
@gkroub.
Any
topic
suggestions
or
thoughts
are
most
welcome.
Gaston
Kroub
lives
in
Brooklyn
and
is
a
founding
partner
of
Kroub,
Silbersher
&
Kolmykov
PLLC,
an
intellectual
property
litigation
boutique,
and Markman
Advisors
LLC,
a
leading
consultancy
on
patent
issues
for
the
investment
community.
Gaston’s
practice
focuses
on
intellectual
property
litigation
and
related
counseling,
with
a
strong
focus
on
patent
matters.
You
can
reach
him
at [email protected] or
follow
him
on
Twitter: @gkroub.
Chris
Kathryn
