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Sidebars - Rachel Rebouché and Paul R. Gugliuzza: Shining the Spotlight On Gender Inequality in Patent Litigation

Rachel Rebouché and Paul R. Gugliuzza: Shining the Spotlight On Gender Inequality in Patent Litigation

06/06/22 • 60 min

Sidebars

In this episode, we welcome Temple University professors Rachel Rebouché and Paul Gugliuzza, authors of a forthcoming paper in the North Carolina Law Review titled, “Gender Inequality in Patent Litigation” —a data-rich paper that touches on many of the central themes in Season 2.

Rachel is a leading scholar in feminist legal theory, reproductive health law, and family law. She is the Interim Dean of Temple University Beasley School of Law, the James E. Beasley Professor of Law, and a Faculty Fellow at Temple’s Center for Public Health Law Research. Rachel is an author of Governance Feminism: An Introduction and an editor of Governance Feminism: Notes from the Field, a co-author of the sixth edition of the casebook, Family Law, and the editor of Feminist Judgments: Family Law Opinions Rewritten. Rachel received a JD from Harvard law school, an LLM from Queen's University Belfast, and a BA from Trinity University.

Paul is an award-winning scholar, a sought-after author, and a teacher who specializes in civil procedure, federal courts, and intellectual property law with a particular focus on patent litigation. He has testified before both the U.S. Senate and the U.S. House of Representatives on topics of patent law, and his scholarship has been cited in over a dozen judicial opinions across all levels of the state and federal courts. A summa cum laude graduate from Tulane University School of Law, Paul clerked for Judge Ronald M. Gould of the U.S. Court of Appeals for the Ninth Circuit and practiced in the Issues and Appeals group at Jones Day prior to his academic career.

In this episode, Rachel and Paul discuss the shocking gender disparity that continues to persist in private-practice patent litigation and the much more equitable distribution of legal work in government agencies. They also highlight the mechanisms that militate against greater equity in law firms.

Rachel’s and Paul’s paper shows unequivocally that gender disparity is neither a generational issue that will be resolved by the passage of time nor is it a pipeline issue due to insufficient female STEM lawyers. Through their research, we gain a greater understanding of how law firms must change their economic incentives and entrenched, unconscious cultures if they are to foster true gender equity.

Further Reading:
Overqualified and Underrepresented: Gender Inequality in Pharmaceutical Patent Law
Extraordinary Writ or Ordinary Remedy? Mandamus at the Federal Circuit
@TempleLaw
@RRebouche

Thanks for listening to Sidebars! Connect with us:

**The opinions expressed are those of the attorneys and do not necessarily reflect the views of the firm or its clients. This podcast is for general information purposes and is not intended to be and should not be taken as legal advice.

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In this episode, we welcome Temple University professors Rachel Rebouché and Paul Gugliuzza, authors of a forthcoming paper in the North Carolina Law Review titled, “Gender Inequality in Patent Litigation” —a data-rich paper that touches on many of the central themes in Season 2.

Rachel is a leading scholar in feminist legal theory, reproductive health law, and family law. She is the Interim Dean of Temple University Beasley School of Law, the James E. Beasley Professor of Law, and a Faculty Fellow at Temple’s Center for Public Health Law Research. Rachel is an author of Governance Feminism: An Introduction and an editor of Governance Feminism: Notes from the Field, a co-author of the sixth edition of the casebook, Family Law, and the editor of Feminist Judgments: Family Law Opinions Rewritten. Rachel received a JD from Harvard law school, an LLM from Queen's University Belfast, and a BA from Trinity University.

Paul is an award-winning scholar, a sought-after author, and a teacher who specializes in civil procedure, federal courts, and intellectual property law with a particular focus on patent litigation. He has testified before both the U.S. Senate and the U.S. House of Representatives on topics of patent law, and his scholarship has been cited in over a dozen judicial opinions across all levels of the state and federal courts. A summa cum laude graduate from Tulane University School of Law, Paul clerked for Judge Ronald M. Gould of the U.S. Court of Appeals for the Ninth Circuit and practiced in the Issues and Appeals group at Jones Day prior to his academic career.

In this episode, Rachel and Paul discuss the shocking gender disparity that continues to persist in private-practice patent litigation and the much more equitable distribution of legal work in government agencies. They also highlight the mechanisms that militate against greater equity in law firms.

Rachel’s and Paul’s paper shows unequivocally that gender disparity is neither a generational issue that will be resolved by the passage of time nor is it a pipeline issue due to insufficient female STEM lawyers. Through their research, we gain a greater understanding of how law firms must change their economic incentives and entrenched, unconscious cultures if they are to foster true gender equity.

Further Reading:
Overqualified and Underrepresented: Gender Inequality in Pharmaceutical Patent Law
Extraordinary Writ or Ordinary Remedy? Mandamus at the Federal Circuit
@TempleLaw
@RRebouche

Thanks for listening to Sidebars! Connect with us:

**The opinions expressed are those of the attorneys and do not necessarily reflect the views of the firm or its clients. This podcast is for general information purposes and is not intended to be and should not be taken as legal advice.

Previous Episode

undefined - Kate Geyer: Breaking Institutional Bias

Kate Geyer: Breaking Institutional Bias

This episode introduces the new co-host of the Sidebars podcast, Kate Geyer. Kate is an Associate in Kilpatrick Townsend’s Seattle office. Her practice focuses on patent litigation in federal court and at the ITC, as well as post-grant proceedings before the U.S. Patent Office.
Kate is a 2019 graduate of George Washington University Law School. She graduated with high honors, Order of the Coif, and won the Rothwell, Figg, Ernst & Manbeck Award. While in law school, in addition to being a research assistant and an articles editor for the George Washington Law Review, Kate also won the 2018 and 2019 AIPLA’s Giles S. Rich Memorial Moot Court Competition and served as a judicial intern for the honorable Kara Stoll Carto on the Court of Appeals for the Federal Circuit and as a law clerk in the Office of Unfair Import Investigations at the ITC.
Prior to law school, Kate graduated from MIT with a BS in physics and minors in mathematics and political science, then followed her passion for the intersection of technology and policy to a position as a business analyst in Washington, DC, dissecting emerging technologies for the Department of Defense and Intelligence Community customers.
In this episode, Kate shares her journey to becoming the patent litigator and fierce advocate she is today. This journey also built her determination to break the barriers and institutional biases that still persist for women and minorities in patent law, and to create a more welcoming and inclusive profession - one in which there is a seat at the table for everyone.
Highlights include:

  • Introducing the new co-host of Sidebars (0:38)
  • Turns out, learning physics and doing physics are not the same thing (2:44)
  • Finding practical ways to indulge a passion for tech and policy (3:44)
  • Participating in the arena, expanding one’s horizons, finding law school (4:47)
  • Breaking “it’s not what we do around here” institutional norms (8:33)
  • A multigenerational perspective on gender barriers and mentorship (10:59)
  • The unexpected dynamics of being a young and female litigator (14:40)
  • New opportunities for younger attorneys (15:59)
  • The importance of giving associates freedom from micromanagement (20:29)
  • Taking ownership and handling mistakes (26:00)
  • Finding a job you love (28:48)
  • Perfectionism and not being the smartest person in the room (31:13)
  • Getting over fears with practice (37:22)
  • Crushing arguments with preparation (43:35)
  • The critical need to address the shortage of women and minorities in leadership (48:40)

Thanks for listening to Sidebars! Connect with us:

**The opinions expressed are those of the attorneys and do not necessarily reflect the views of the firm or its clients. This podcast is for general information purposes and is not intended to be and should not be taken as legal advice.

Next Episode

undefined - Roger Wylie: Leadership Matters

Roger Wylie: Leadership Matters

In this episode, we welcome Roger Wylie, the Managing Partner of Kilpatrick Townsend & Stockton. Roger was the Co-Managing Partner of Townsend and Townsend and Crew prior to its merger with Kilpatrick Stockton.

Roger is a registered patent attorney with over 20 years of experience in a variety of technologies, including software, business methods, consumer goods, complex machinery, and medical devices. He focuses his practice on patent prosecution and counseling, advising start-up and established corporations, venture investors and other intellectual property stakeholders with regard to all aspects of patent prosecution and acquisition, counseling, licensing, and litigation. He also counsels clients on a wide range of trademark, copyright, trade secret and other IP-related issues.

Roger has obtained or assisted in the procurement and management of hundreds of U.S. and foreign patents, many of which have been successfully litigated and enforced. Much of his current work involves product clearances and freedom to operate analyses, Inter Partes disputes in the patent office, infringement and validity analyses for litigation settlement evaluation, and acquisition due diligence.

Growing up in southern Georgia in a family of teachers, Roger was exposed to a diverse group of friends and acquaintances. From an early age, he internalized the values of equity and inclusion emphasized by his grandfather and his mother. As a patent attorney, Roger saw that others, including his wife—who is also a patent attorney—faced career obstacles that he did not have to overcome because he was a White male. His upbringing and his ability to see other perspectives have made him a determined leader in leveling the playing field in the legal profession.

In this episode, Roger tells us about his career path from studying material science to becoming a leader in the IP world and the Managing Partner of Kilpatrick Townsend, and he explains his philosophy of management and leadership. He also explores the strides made to date by the legal profession in general and Kilpatrick Townsend in particular to make the profession more welcoming to underrepresented groups as well as the work that still needs to be done to achieve greater diversity, equity, and inclusion.

Highlights include:

  • Being married to a patent attorney and seeing the patent bar from a woman’s perspective
  • The value of having women role models in management
  • Seeing diversity in broader terms than just gender and race
  • Managing a successful legal practice sometimes requires getting out of the team’s way
  • Examining the entire pipeline, from grade school to law-firm partnership for opportunities to encourage diversity, equity, and inclusion
  • The chicken-and-egg problem of representation
  • Making paternity leave more acceptable as a means of helping retain legal talent
  • Creating seats at the leadership table for diverse voices

Thanks for listening to Sidebars! Connect with us:

**The opinions expressed are those of the attorneys and do not necessarily reflect the views of the firm or its clients. This podcast is for general information purposes and is not intended to be and should not be taken as legal advice.

Sidebars - Rachel Rebouché and Paul R. Gugliuzza: Shining the Spotlight On Gender Inequality in Patent Litigation

Transcript

April Abele Isaacson:

Welcome to Sidebars, Kilpatrick Townsend's limited podcast series focused on women and underrepresented groups in patent law. I'm April Abele Isaacson, a patent litigator and Office Managing Partner of the San Francisco office.

Kate Geyer:

And I'm Kate Geyer, a patent litigation associate in Seattle. We're here to discuss the gender gap in the patent bar and have candid conversations with female patent practitioners on their career paths.

April Abe

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