The following is an excerpt from Practice Perspectives: Vault's Guide to Legal Practice Areas.
Cara Regan works on patent and trade secret litigation at every stage, from the strategic decision to file a proceeding through appeal. Her experience includes district court and International Trade Commission (ITC) actions; post-grant challenges at the Patent Trial and Appeal Board (PTAB); and appeals at the U.S. Court of Appeals for the Federal Circuit, where she clerked. She also assists clients in evaluating infringement risks and negotiating license agreements. Her technical expertise encompasses a wide range of technologies, including medical devices, software, mobile phones, laptops, automobiles, and consumer products. Cara maintains a pro bono practice assisting with veterans’ affairs.
Describe your practice area and what it entails.
I help clients with IP litigation in district court, at the ITC, before the PTAB, and on appeal. In addition to the litigation itself, I am regularly involved in pre-suit risk evaluation and pre-filing analysis, as well as licensing and settlement negotiations.
What types of clients do you represent?
A wide range, from small businesses to multinational corporations.
What types of cases/deals do you work on?
I typically work on non-pharmaceutical patent and trade secret litigation. I have been involved in district court cases, ITC investigations, PTAB proceedings, and appeals on behalf of both IP owners and accused infringers. And I have worked with clients to avoid litigation through freedom to operate analyses and licensing, and to develop pre-suit litigation strategy by evaluating infringement and identifying the strengths and weaknesses of a potential case. I have worked with technology ranging from lip gloss to inhalers to light bulbs to jet engines.
How did you choose this practice area?
I have always wanted to work in IP law. My grandfather was a patent attorney, and he had wonderful stories about working with brilliant inventors and learning about cutting-edge technology. I majored in physics in college with the goal of going to law school and working in IP. I knew I did not want a research career, but I really enjoy science, and working with IP lets me use that background.
What is a typical day like and/or what are some common tasks you perform?
Every day is different. In an upcoming week, I am scheduled to participate in internal team meetings about case action items and surrounding strategy, join joint defense group and client calls, interview potential experts, and meet and confer with opposing counsel on discovery issues. I will also draft a complaint, write sections of a claim construction brief, and review contention positions prepared by other team members. And I may write discovery letters or a motion to compel, depending on the results of the meet and confer. In some weeks, I might also attend a court hearing or a status conference, or I might travel to meet with a client or an expert.
What training, classes, experience, or skills development would you recommend to someone who wishes to enter your practice area?
Write as much as possible. A lot of IP work is writing, regardless of whether your primary focus is client counseling, patent and trademark prosecution, or litigation. Being able to communicate clearly to clients, opposing counsel, and the court is a huge advantage.
Take opportunities to be uncomfortable too. In practice, you will often be asked to do things—taking depositions, running portions of a case, speaking in court—before you think you are ready, because more senior members of the team know that you are. Trying things in low-stakes practicums or moot court competitions can help you gain confidence.
Connie: Analytical thinking, oral advocacy, and writing skills are the fundamentals for entering this practice area. I think most courses in law school are directed to developing these skills. I took very few IP classes in law school. Instead, I opted to take a variety of classes that would expose me to areas of the law I might not see in practice. Substantively, mock trial was probably the most useful course I took.
What do you like best about your practice area?
I love learning about new technology. In litigation, you learn a lot about the specific technology covered by the patents at issue in the case, and you get to spend time with inventors and technical experts who know that technology better than anyone.
I also really enjoy helping clients to develop the strategy that best fits their technology and their business. Even after a litigation starts, there isn’t a one-size-fits-all solution. Knowing what a “win” looks like for the client shapes our approach to every case.
What is unique about your practice area at your firm?
Instead of being one small part of a larger firm, the whole firm is IP-focused. Whatever issue comes up in a case, someone here has expertise, and because of the firm’s open-door policy, you can reach out to that person and ask questions.
Our deep IP bench also allows attorneys to try a lot of different work. No one is siloed, and it is not unusual for associates to have a mixed prosecution-litigation-client counseling workload. As a junior associate, I tried just about everything. And though I prefer litigation, having prosecution experience has really helped me in my litigation practice because I understand prosecution files in a way that I might otherwise not.
What are some typical tasks that a junior lawyer would perform in this practice area?
Junior associates often help with discovery, for example, reviewing documents, drafting discovery requests and responses, and writing discovery letters. And junior associates might also help with research or write sections of larger briefs. A junior associate who does well at those tasks is often asked to take on more—maybe leading a discovery meet and confer with opposing counsel or presenting strategy for a brief to a client.
What kinds of experience can summer associates gain at this practice area at your firm?
Summer associates receive both formal training and hands-on experience with real work. The firm generally gives summers training on issues such as patent law, litigation, and writing, but summers also help with projects for real cases. As a summer, I wrote a brief for a pro bono case, helped with invalidity contentions, and did research for several briefs. I’ve given similar assignments to summer associates.