What do you expect will be the biggest challenge for your clients over the next 12 months, and how are you preparing to mitigate this?

The ongoing debate about the standing of the United States in the patent world presents challenges and opportunities. The United States used to be the principal place where patent disputes were filed and resolved. Recently, the venues of choice have spread to other parts of the world and the effect of that diminished standing is justifiably causing some much-needed discussion in the US patent community and legislative bodies.

Within the United States, debates ranging from what is patentable to where jurisdiction and venue exist will continue and be enhanced and exacerbated by evolving technologies.

To best prepare, we monitor and advise on various venues around the globe. We are thought leaders in debates on patent topics and we are creative and outside-the-box thinkers when it comes to crafting and executing strategies to provide effective and efficient services to our clients.

Last year we saw the first-ever patent pool merger. Do you think there’s room for more consolidation in this field, and if so, why? 

Yes. As an asset class, patents continue to mature – and as this happens, the level of sophisticated financial transactions involving patents will increase. Pooling and merging of pools is one example of the maturation of the asset class and the increasing level of sophistication of the transaction.

As chair of Winstead’s business litigation practice group, what does inspiring leadership look like to you?

Every trial lawyer wants to try more cases. Managing a group of  trial lawyers with an eye towards building trial experience is an ongoing challenge and opportunity. 

Further, the new Texas business courts are adding a new dimension to state court litigation here. As a group, we are focused on and tracking those developments. 

In an effort to continue to be more efficient and effective, we are also learning how to – and how not to – use developing technologies like AI in our practices.

What are the crucial steps for building a world-class IP monetisation strategy, and how do you measure its success? 

The definition of success starts at the very beginning. One of the first questions we ask a client is: “What is your definition of a win?” The answer helps us to craft a strategy and execute the plan to provide said win for the client.  The answer to this question varies from client to client. 

World-class strategy starts with creative minds, technical expertise and experience winning at trial in courts around the country. Utilising emerging technologies to hone your practice and stay ahead of the competition is a market differentiator. 

If you could change one thing about litigating under the US patent system, what would it be, and do you think it is likely to happen? 

The level of uncertainty surrounding the question of what is patentable costs substantial resources to all sides of a dispute. Numerous bills have been proposed and will continue to be proposed in the US Congress. If Congress would add certainty to the patentability question, the US patent litigation system would be more efficient and less costly. I am cautiously optimistic that some legislation addressing patent eligibility can be passed as the issues do not cleanly line up along traditional political party lines.