What has been the biggest challenge you have faced in your professional life, and how did you overcome it?

Convincing clients that I could effectively handle a jury trial required not only demonstrating legal acumen but also breaking through cultural and professional stereotypes. As an Indian American, I brought a unique perspective to the courtroom by leveraging my diverse background to connect with jurors on a personal level, using storytelling and cultural insights to make complex IP issues relatable and understandable. This ability to bridge cultural gaps has proven to be a significant advantage in jury trials.

You work with tech companies of all sizes, from Fortune 100 to start-ups. How do you tailor your approach depending on the type of client you are dealing with?

Living and breathing technology in the heart of Silicon Valley is an unparalleled advantage. This vibrant ecosystem offers a unique vantage point where the dynamic interplay between small and large companies unfolds daily. Small companies can gain invaluable insights from the experiences of their bigger counterparts, while large companies are keen to understand the innovative spirit of smaller firms – often the focal point of M&A activities.

In this ever-evolving landscape, the importance of tailored advice cannot be overstated. Just as in life, a bespoke approach to guidance is essential; a one-size-fits-all strategy simply does not work. By leveraging the distinct strengths and perspectives of both small and large companies, I am fortunate to assist in fostering a symbiotic relationship that drives innovation and growth.

In your view, what characteristics make a great IP leader?

A great IP leader is more than just a legal expert. They are a true partner in the business, capable of anticipating issues before clients even become aware of them. This proactive approach is essential across all facets of IP practice, including joint developments, technology transactions, disputes and M&A opportunities.

In joint developments, an IP leader must foresee potential conflicts and align interests to ensure smooth collaboration. In technology transactions, they should identify and mitigate risks early, ensuring that agreements are robust and future proof. During disputes, anticipating the opposition’s moves and preparing accordingly can be the difference between winning and losing. In M&A opportunities, understanding the IP landscape and potential pitfalls can significantly impact the success of the deal.

One of the cardinal rules for an IP trial lawyer is to always take the time upfront to break down complex technology into easily understandable concepts. This effort is not just beneficial but crucial. Simplifying technology for judges, juries and even clients can lead to more favourable outcomes and stronger client relationships. Clear communication builds trust and demonstrates expertise, ultimately paying off in huge dividends for both you and your clients.

In summary, an exceptional IP leader combines foresight, strategic thinking and the ability to communicate complex ideas in a simple manner. By embodying these qualities, you not only protect and advance your clients’ interests but also establish yourself as an indispensable partner in their business journey.

What key pieces of advice would you give to those trying to monetise their trade secrets, particularly when it comes to licensing and maintaining the integrity of confidential information?

Monetising trade secrets can be a lucrative strategy for companies, but it requires careful planning and execution to ensure that their confidentiality is maintained. One should consider: 

• employee training and policies;
• software to record and maintain confidentiality (along with auditing partners);
• licensing agreements that include robust monitoring rights; and 
• being prepared to quickly take legal action when needed. 

You have extensive experience leading cross-border technology transactions. How do you stay abreast of legislative and industry developments when working across multiple jurisdictions? 

In today’s connected world, there is simply no excuse or room to forget that we live in a global economy. Know your client’s business and always advise them on a global basis in the markets that matter the most to them!

Bijal V Vakil

Partner 
[email protected] 

Bijal Vakil is an accomplished powerhouse in high-stakes technology litigation, wielding extensive trial experience and a track record of over 500 patent, copyright, trade secret and trademark disputes to secure unmatched results. As a strategic and indispensable business partner for companies at the forefront of technological innovation, he relentlessly drives success for both publicly traded and venture-backed companies. Mr Vakil’s expertise and aggressive approach make him an invaluable partner in the fiercely competitive tech industry.