1. How do you define your legal practice and typical clients?
My legal practice is that of an outside general counsel who happens to be a patent attorney. I have spent most of my legal career in-house with relatively small and mid-sized companies operating in regulated industries, where I had to figure everything out myself. Most of my private practice clients are of the same ilk. I like to find ways for clients to do business the way they want while keeping them out of trouble. The Miami Dolphins used to have a player named Jim Jensen who was technically a quarterback but used to line up wherever the team needed him. That’s how I like to think of myself as a lawyer.
2. Tell us about your legal career journey. What made you become a lawyer and how did you land at Practus?
When I was in graduate school working on cervical cancer vaccines, our lab became involved in a four-way patent interference proceeding, which is an administrative litigation designed to determine which lab invented the technology first. We had lawyers scanning notebook pages and deposing some of us. I got interested in patent law and started asking questions, then after I graduated, I got a science job, went to law school at night, and took the patent bar. Later, I worked in-house for about 11 years before moving into private practice with a couple of different traditional law firms, where you tend to have less freedom and must give up too much of your earnings. After speaking with John Lively several times during that time, I finally decided to make the leap. Here, I have the freedom to offer flexible rates and much better visibility to how my clients are performing. As a person, it gives me the freedom to be there for my family.
So, you were trying to cure cancer and then decided to become a lawyer.
Sure, if you say so.
3. What is the one thing you wish people about to hire a lawyer with your expertise knew?
Very few clients have a good understanding of the inner workings of the USPTO. Patents and trademarks are tricky to procure, and I usually have to educate new clients, which takes time. The patent process is especially difficult for many people to grasp. Inventors always think they have developed the best thing since the wheel, then when they get into the process they are baffled by the process (so am I in most cases). The patent office in particular has many arbitrary rules and requirements that don’t make much sense, and that can be frustrating for clients, and me. The trademark office is a little more predictable but can also be frustrating. Also, the USPTO is a profit center for the federal government. Everything costs more than it should.
4. Sometimes our best quality is also the one that gets us in tough situations. Tell us about your best quality and how it has mostly worked for you, except that one time …
I think my best quality is my respect for others and personability, which goes a long way. Except that one time, when I was trying to get a product approved by the FDA and was dealing with a team at the agency with no imagination, no personality, and a flawed understanding of the law. It happens.
5. When you’re not working at Practus, what’s keeping you busy? Any cool hobbies or hidden talents we don’t know about?
I have been playing guitar for many years, and in fact toured with a band professionally about 25 years ago. Recently, my old songwriting partner and I decided we left some tracks on the table and are soon going to record a few songs with a producer I met working on an artist development deal, who happened to work with Prince years ago. I also try to play as much tennis as I can. Those are the fun things. Less fun is helping take care of my father who has advanced Parkinson’s disease and helping my oldest apply to colleges. Well, I guess that last one isn’t so bad.
OK, let’s go back to the guitar thing again. What kind of music do you play?
Off-beat rock and roll, where I can explore new sounds. Think of me like The Edge from U2 – but with a law degree, and not as good.
And tennis? It is tennis, correct, not pickleball?
Right. I don’t hate pickleball, but I don’t like it as much as tennis.
But you kind of hate pickleball, right?
No!
Fine
6. What would your colleagues be totally shocked (or mildly surprised) to find out about you? Do you kill at karaoke? Write political thrillers? Watch Star Trek (original) reruns?
I think probably the music thing, especially the near-term plans to go back into the studio. They also may be surprised to know that one of my high school friends and I used to earn money catching crabs in the Chesapeake Bay region and earning some pretty good cash for back then. I miss my upbringing on the Eastern Shore of Maryland.
BONUS QUESTION: What would you do if you weren’t an attorney?
I’d either be a musician, a clinical psychologist, or a contractor who flips houses.
