The following is an excerpt from Practice Perspectives: Vault's Guide to Legal Practice Areas.
HanByul Chang is a litigation associate in Cooley’s intellectual property (IP) group. She represents clients in an eclectic range of industries—from pharmaceutical and software to chemical and medical devices—in patent infringement, Hatch-Waxman, Biologics Price Competition and Innovation Act (BPCIA), and trade secret cases.
HanByul earned both a Ph.D. in chemistry and a J.D. from Northwestern University. At the Northwestern Pritzker School of Law, HanByul served as the senior online editor for the Northwestern University Law Review.
Describe your practice area and what it entails.
As an IP litigation associate, I primarily focus on representing clients in patent infringement and trade secret cases. My practice entails representation in district courts as well as administrative bodies, such as the PTAB.
What types of clients do you represent?
I have had the opportunity to represent an extensive array of clients who offer technologies ranging from communications, networking, and gaming to medical devices and plant breeding. I also represent generic and brand pharmaceutical companies.
What types of cases/deals do you work on?
I have worked on patent infringement cases, Hatch-Waxman, and BPCIA cases in federal district courts, as well as administrative proceedings before the PTAB and appeals in the Court of Appeals for the Federal Circuit.
How did you choose this practice area?
IP litigation was a somewhat obvious choice for me. With a background in science, I knew that I wanted to continue to be involved in the space. I was attracted by the collaborative aspect of litigation practice and by the fact that I could focus on one area of law and learn it deeply.
What is a “typical” day like and/or what are some common tasks you perform?
My day typically includes “familiar” tasks, such as conducting legal research or drafting briefs or answers. However, I learned that the tasks that we, as IP litigation associates, perform are significantly more diverse than what we learned in law school. During fact discovery, for example, I spend my day reviewing documents, drafting discovery requests or responses to said requests, or drafting outlines for depositions. During expert discovery, I spend my days working with experts and preparing for expert depositions. Some days, I am doing online shopping to acquire prior art systems.
What training, classes, experience, or skills development would you recommend to someone who wishes to enter your practice area?
I would say to take at least an introduction to IP. Also, if your school has a trial advocacy-based class specifically for IP, I highly recommend taking that class. Whether or not you end up in IP practice, evidence is a must for a litigator.
What do you like best about your practice area?
While patent law land is extremely vast, the best part of my practice is that I get to focus exclusively on one area of law early in my career. I get to learn to do all the things that any litigation associate needs to know while being able to really discover and understand the intricacies and complexities of patent law.
What misconceptions exist about your practice area?
One question I always get when I interact with law school students is whether this practice requires a background in science. While having some background in science can be helpful, it is absolutely not a requirement. There are so many people on my team without a science background who mentor me and teach me all the substantive law I need to know. In terms of the technology, whether you have a background or not, you need to learn each client’s technology as you delve into the case in order to best represent the client. Even if you do have a background in science, you still may have to learn a field that is outside of what you already know. What is important is a willingness to learn and curiosity.
What are some typical tasks that a junior lawyer would perform in this practice area?
As a junior lawyer, you would most likely start with a lot of legal research assignments. Slowly, but sooner than you think, you will get more unfamiliar and challenging tasks, such as drafting answers, discovery requests, or even small portions of a motion. It all depends on how your case team operates, but if you show your willingness, most teams will be very happy to give you extremely substantive work early.
How do you see this practice area evolving in the future?
With rapid new developments of innovative technologies such as AI, I can see the emergence of new, unanswered legal questions that involve various areas of law, including privacy, copyright, and patent. And collaborations with different practice teams is and will become increasingly important.