The following is an excerpt from Practice Perspectives: Vault's Guide to Legal Practice Areas.
Kara A. Specht, Partner—Intellectual Property (2022)
Kara Specht focuses on patent litigation before district courts, the International Trade Commission (ITC), and the Patent Trial and Appeal Board (PTAB). Kara has experience representing a variety of clients in all aspects of patent litigation before district courts, the ITC, and in inter partes review proceedings before the PTAB. She has first-hand insight into corporate litigation procedures, having seconded at a leading multi-national technology company. She has also been recognized as a Trailblazer by the World Intellectual Property Review.
Describe your practice area and what it entails.
Kara: My practice involves complex patent litigation in the electrical and mechanical arts. I am involved in all phases of litigation, including pre-litigation investigations, early procedural motion practice, discovery efforts, claim construction, working with technical and damages experts, depositions, drafting motions and briefs throughout every phase of litigation. In my patent office practice, I primarily represent petitioners in post-grant proceedings, where I am involved in preparing petitions and other submissions, taking and defending depositions, and the oral hearing. I also work with clients on license negotiations.
What types of clients do you represent?
Kara: My client base includes a variety of companies of all sizes in a variety of industries from all over the world. Clients include companies involved in software, fintech, computer hardware and semiconductor technology, and automotive technologies.
What types of cases/deals do you work on?
Kara: I am generally involved in district court and ITC litigations, as well as contested PTAB proceedings in the technology fields listed above. In my district court and ITC cases, I represent both patentees and accused infringers.
How did you choose this practice area?
Kara: I have a B.S. in Electrical Engineering and enjoy working in a variety of related technologies, so practicing patent law in the high tech and computer-centric space was a choice that I felt best leveraged my talents and expertise. When I first began practicing, I primarily focused on prosecution, but was quickly drawn to the fast-paced and adversarial nature of litigation, which allows me to advocate for my clients to protect their IP and their business goals and endeavors.
What is a typical day like and/or what are some common tasks you perform?
Kara: One of the things I like best about my varied litigation and PTAB practice is the variety in day-to-day tasks. On any given day I could be developing case strategies, learning a new technology, preparing discovery requests and responses, taking or defending depositions, drafting briefs, or arguing a hearing. One of my favorite tasks is engaging with the clients to understand their business and jointly develop strategies that advance their business initiatives.
What training, classes, experience, or skills development would you recommend to someone who wishes to enter your practice area?
Kara: The most valuable classes I took were mock trial and patent drafting. Although trial and patent drafting themselves make up a small part of my daily practice, the skills I learned are transferrable to all aspects of my work. Advocacy and detailed patent-based critical thinking are fundamentals for a successful practice in this area.
What is the most challenging aspect of practicing in this area?
Kara: I work in areas of the law that are continuously evolving. While it can be challenging to understand and anticipate changes in procedures and strategies, and incorporate them into case strategies to achieve success, it is also incredibly rewarding to be involved on the cutting edge of such interesting legal issues.
What do you like best about your practice area?
Kara: I love learning new things. Each case presents an opportunity to learn something new and develop expertise in a new technical area. The variety and challenge of mastering new areas of technology and devising corresponding legal strategies to achieve success for my clients is incredibly rewarding.
In what ways has the coronavirus pandemic affected your practice? How have you adjusted to lawyering in the wake of COVID-19?
Kara: COVID-19 has had a drastic impact on the way cases are handled. Remote depositions and hearings, for example, have become commonplace, which present both new opportunities and challenges with, for example, effectively questioning witnesses at deposition or engaging with judges and juries during a court proceeding. It has in some ways also made it easier to connect with clients and colleagues across the country with the normalization of video conferencing.
What is unique about your practice area at your firm?
Kara: My practice is somewhat unique because I have the opportunity to work in so many aspects of patent law. I began my career focusing primarily on patent prosecution, which helped me develop critical skills about the intricacy of patent claim drafting useful for identifying strong claims for assertion in litigation or for finding creative ways to argue for non-infringement or invalidity of claims asserted against my clients.