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Clients, attorneys say, are among the greatest gatekeepers for helping Black lawyers excel. Jeffer Mangels Butler & Mitchell LLP - Patent Litigation Lawyer. Terms of Service. Jeanne serves as a director with the Chicago State Foundation Board. Foley & Lardners Gills faces the double challenge of practicing patent law while being black and female. Now, he said, corporations need to put their money where their mouth is and stop claiming they cant find Black IP lawyers for a case. Part of the reason: The path to advancement at a law firm is to be a lead lawyer on a matter, Turner said. of our committees during the 2020-2021 bar year. There are over 3,943 Patent Attorneys in the United States. However, the two patent applications for her brothers inventions offer direct proof of her standing as a patent practitioner, including her actual signature. He made me the leader of the Silicon Valley office. A law firm with a large IP department that includes paralegals and patent agents can ensure that those ranks are diverse. She is a member of the firms Management Committee and the Manufacturing Sector Advisory Board. If you are a person of color, particularly a Black person, and you want to find a lawyer who is not going to think of you as intellectually inferior, who is not going to have some of those barriers and those implicit biases that may exist, its hard, Johnson said. Jamaal's enthusiasm for intellectual property law and the underlying science of medical device technologies is matched by his strong knowledge and mastery of the challenging patent process. https://www.law.com/therecorder/2020/06/12/take-that-on-black-patent-attorneys-say-its-time-they-are-recognized/. To view this content, please continue to their sites. Defend Trade Secrets Act: The Latest in Trade Secrets Developments, Presentation: WhatsReasonable? 497,747 in 1893 for an improvement on Broom Moisteners and Bridles. The rights to the invention were assigned at issue to Miriam, and she signed the document as the patent attorney (you can view her signature at the bottom of the linked patent drawing). "Recent Developments in Patent Law & Best Practices with Patent Opinions" (Client CLE, 6/20) "2019 PTAB Year In Review" (F&L Webinar, 1/20) . Black people and other minority inventors have been left behind for many reasons, including too few resources, a lack of access to capital, and a low level of awareness of the patenting system in general, according to consultant Janeya Griffin. A registered patent attorney, he uses his background in biomedical engineering to prosecute even the most challenging patent applications for medical device technologies. The systemic challenges were driven home for Turner at a bar event some months ago. Do you need help protecting your ideas, designs, methods or other types of intellectual property? Hollin can help you with patents, trademarks, and infringement issues. Shes now a biotechnology and pharmaceutical partner at Sterne Kessler Goldstein & Fox PLLC and co-chair of the firms diversity & inclusion committee. Dr. Black has served a variety of clients ranging from multinational corporations to small start-up companies and individual inventors. It can also help businesses attract investment and create jobs, raising the bar for entire communities, said Griffin. Honored as an Up & Coming Attorney by Missouri Lawyers Weekly, 2021, Top 100 Black Lawyers, The National Black Lawyers, 2015, Bar Association of Metropolitan St. Louis, University of Wisconsin Law School, J.D., 2007, Marquette University, B.S., Biomedical Engineering, 2004. As a graduate student at Johns Hopkins University, Gaby Longsworth remembers putting a batch of clean pipettes to dry in a laboratory oven in a hallway across from a propped-open bathroom door. The greater horror is that they were nothing new, he said. And while Thomas Edison and Alexander Graham Bell are household names, inventors like Percy Julian and Granville Woods havent been as celebrated. Schwarz & Black LLP Attorneys Legal Service Plans (212) 858-7767 140 Broadway New York, NY 10005 5. He believes that, with the pandemic as a backdrop, the message is getting through that we are all one community that must watch out for each other and take active steps to keep each other safe, Turner said. With her electronics background and given her attorney registration to practice before the USPTO, Jeannes broad-based IP experience also includes: counseling related to product configuration trade dress and use of color as a trademark; handling TTAB and UDRP matters; resolving copyright ownership disputes, particularly in the areas of computer software and associated documentation; handling contractual disputes concerning IP rights and the theft or use of IP by a companys former employees, business partners and/or independent contractors; counseling clients on IP holding companies, including how to maximize value from an IP portfolio when certain assets are likely to be the subject of IP litigation; handling cases involving the intersection of trade dress, design patent, and utility patent protection for consumer and industrial products; and conducting discovery abroad throughout Europe, Singapore and Japan. Well seek to provide greater mentorship opportunities. "It's almost hard to know where to start . During law school, she worked in the Law Office of the Cook County Public Defender as a senior law student, representing clients who had been charged with misdemeanors and felonies. However, an overlooked and unique contribution is that she was the first black woman who practiced as a patent attorney. Law Offices of Gary Martin Hays & Associates Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team. In 1913, US Patent Office official Henry E. Baker stated that after massive Patent Office surveys of 9000+ patent attorneys and the like in 1900 and 1913, he had assembled a database of nearly 800 verified patents earned by black . After finding the gender ratio, we wondered if the percentages of LGBT persons were different as well. A lot of what keeps you in it is, Im part of the team. Most of what we know about African American inventors came from the research of Henry E. Baker. Report: Judicial Diversity Grew in California Courts Last Year, Its Important for All of Us To Lift as We Climb: Black Women Judges Discuss Diversifying the Courts, Skilled in the Art With Scott Graham: I'm So Glad We Had This Time Together, Semiconductor Pioneer Adds Legal Chief With Deep Deal-Making Experience, Finnegan, Henderson, Farabow, Garrett & Dunner, Law.com Editors and Analysts Offer Top Trends to Watch for 2023. With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. Fraline J. Allgaier is an intellectual property law attorney in Glencoe, Illinois. House and Senate lawmakers in 2019 introduced the IDEA Act (H.R. As a dialogue springs up around systemic racism, lawyers like Kirkland & Ellis' Ellisen Turner and Foley & Lardner's Jeanne Gills say there's no more excuse for clients not to include black patent lawyers on their Rolodexes. If such an individual doesnt exist at their law firm, say to them, If you want to keep my business, hire some additional individuals to put on my team.. When you look at that requirement, you must then consider the population of black college students, or post-college grads that have that technical background. The diversity gap in the patent system has deep historical roots, Northeastern University law professor Kara Swanson said. Assistant District Attorney Responsibilities, Assistant State Attorney Responsibilities, Document Review Attorney Responsibilities, 20.7% of all patent attorneys are women, while, The average age of an employed patent attorney is. Lawyers do XYZ. In January 2006, Ms. Bashen became the first African American female to hold a patent for a software invention. Well be inviting experts to discuss ways to have meaningful conversations in our respective companies and organizations. He has particular experience in patent preparation, prosecution and counseling in the fields of medical devices, optics, semiconductors, superconductors, lasers, solid state physics, RF and radar electronics, television/display technologies, software, electrochemical and optical sensors, organic and organometallic chemistry, pharmaceuticals, polymers and DNA assays. Cooley partner Joseph Drayton, the immediate past president of the National Bar Association, would certainly belong on such a list, Turner said. Patents and National Security, Hanami: Cherry Blossom Time, in Perpetuity, Back to School for the Spring Semester (1861), Looking Backward: From 5G to the Telegraph, Patent Priority: the First Woman Patent Lawyer, Copyrighting the Cultural Revolution in China and America, Women and Innovation in Developing Countries. That may have a dampening effect on Black people seeking intellectual property rights. A Pioneering Black Woman Patent Attorney February 1, 2023 By Zorina Khan Like millions of innovative individuals, MIRIAM E. BENJAMIN (1861-1947) was active in multiple inventive markets, as the patentee of two inventions, and assignee on another. Id been in the department for three years and had seen that professor many times, said Longsworth, who went on to earn a doctorate. Almost every lawyer goes through a crisis of confidence at some pointoften around four to six years out, when demands of the job start ramping up. Surfing Trademark Issues on the Web (F&L White Paper, 9/06; Crafting an Effective Patent Invalidity OpinionIs it the Last Bastion of Defense? (PLI, 2003-2006; Being and Finding Good Mentors (BWLA, 3/06), Trade Secret Protection in the 21st Century (F&L Litigation Conference, 12/05), The Dilution DilemmaLitigating Dilution Claims and the Trademark Dilution Revision Act of 2005 (ABA/Navigant Consulting IP Roundtable, 12/05), IP Roundtable on Key Patent Appellate Cases, including, Digital, Wireless & New Media TechnologiesIs Your IP Future in the Right Hands? (Chair/Founder, F&L 1st Annual IP Conference, 9/05), "Discovery Issues in Patent Litigation (PLI, 9/05), Internet-Related Trademark Litigation Issues & Trends (INTA, 5/05), New Insights into IP Law in ChinaPresenter on Trade Secret Protection (F&L Corporate Counsel Seminar, 3/05), Preparing to Initiate or Defend a Patent Lawsuit (ABA, 10/04), IP Litigation: Avoiding the Money Pit (, How Do You Measure Up? from the John Marshall Law School. An AV rating is given to those attorneys with very high to preeminent legal ability and ethics and is a testament to the fact that Jeanne peers rank her at the highest level of professional excellence. The professional industry is the highest-paying for patent attorneys. Jennings invented a way to dry-clean clothes in 1821. From there, a firm can pay for the candidate to take the patent offices bar exam, meaning the candidate can then help clients in the process of obtaining a patent. The U.S. patent system, long regarded as among the worlds best, has also been stubbornly difficult for Black inventors to access. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas. Within the legal profession, clients, firm management and associates have been reaching out to ask about ways they can help. The offices of patent attorneys (all white at the time) were in white-only commercial districts, hindering African American inventors from applying for patents, Cook wrote in an often-cited 2013 study that examined patent activity from 1870 to 1940. When it comes to protecting your intellectual property, patents and trademarks are essential. They dont necessarily know about it, said Griffin, who runs a consulting firm, The Commercializer LLC, that works with entrepreneurs and startups to monetize their technologies. You can start at some IP law firms in a technical specialist position, where you provide technical and scientific backup to attorneys while learning the law, Longsworth said. He was born in Canada but raised in Michigan, before being sent to study in Scotland at age 15. The industry-leading media platform offering competitive intelligence to prepare for today and anticipate opportunities for future success. For black lawyers, its even harder. The National Black Lawyers was created to celebrate legal excellence by promoting our attorneys as subject-matter experts, developing a strong national network of top African American attorneys, and facilitating the exchange of timely information to enable our members to maintain their status as leaders. Member Portal There are a number of talented African American attorneys, men and women, who for years now have represented clients, said Pierce, the former chair of the IP section of the National Bar Association, the largest national network of predominantly Black attorneys and judges. The map here shows where patent attorneys earn the highest salaries in the U.S. Jamaal was selected by judges, bar groups and fellow attorneys for his work, leadership and community service. Patent attorneys earn the most in Massachusetts, where the average patent attorney salary is $117,586. 337-TA-1140) (ITC patent trial on automotive technology), TAS v. Cummins (jury trial on a license covering engine technology), and DeKalb v. Pioneer (jury trial on patents covering genetically engineered corn). Theres a lack of visibility -- I wouldnt say I didnt know it existed, but it never occurred to me, as a career. Women and minority patent practitioners make up only a small percentage of the patent profession. All of us should feel terrible about black women making up less than 1% of the equity partners in law firms, Gills said. Phillips & Associates Attorneys at Law, PLLC A U.S. Patent and Trademark Office council will begin tackling a huge challenge this year: boosting the percentage of patent owners who are Blacka figure that hovers in the single digits by some estimates. Kasowitz Benson Torres partner Jonathan Waldrop credits equal parts luck, hard work and good timing for his success as a patent litigator. By looking through more than 961 resumes, we found that the most popular places for patent attorneys are Washington, DC and Chicago, IL. Working on major trials, especially in a leadership role, opens the doors to more opportunities. Jeanne is admitted to practice in Illinois, the Federal Circuit, the Seventh Circuit, and various federal district courts, in addition to the United States Patent & Trademark Office. Black STEM students are more likely to switch majors or leave college than Whites, researchers from the University of Texas and Florida International University found recently. Call the Hollin Law Offices in Georgia today at 770-872-4703, or contact us online. In addition, Jeanne has been Peer Review Rated as AV Preeminent, the highest performance rating in Martindale-Hubbell Peer Review Ratings system. FURTHER DUPLICATION WITHOUT PERMISSION IS PROHIBITED. Jeanne has authored (and regularly updates) a chapter on Experts for the Patent Litigation Strategies Handbook (BNA Books). James Smith, the first chief judge of the federal Patent Trial and Appeal Board, and now chief intellectual property counsel at Ecolab Inc., said hes actually had attorneys hand him their bags to carry. Jeanne has likewise been lead counsel in over 25 PTAB proceedings, having handled IPRs, CBMs, and rare derivation proceedings, including defense of several PTAB decisions before the Federal Circuit (see e.g., IPR2013-00178 and IPR2013-00578). At Stinson, our attorneys combine industry knowledge and business acumen to deliver practical legal guidance to clients ranging from individuals to privately-held enterprises to international corporations. The Information Technology and Innovation Foundation found African Americans, while making up 13% of the U.S.s native-born population, comprised less than 1% of the U.S.-born innovators it surveyed. Thomas L. Jennings (1791-1859), for example, learned tailoring and dry cleaning and carried on that business in New York City, where in 1821, at the age of 30, he received a patent for an improvement in dry cleaning processes perhaps the first black person in this country to have received one . I think that also plays a role because we dont see ourselves being owners of intellectual property.. When I hear that nowadays, my answer is, Thats an excuse. Thats hugely important to me, he said. But there should be no reason a black lawyer isnt pitching, Turner said. Apart from racism, Black IP attorneys say there are distinct reasons why they make up just 1.7% of their specialty, a figure based on a survey by the American Intellectual Property Law Association. Apprenticeships in the 21st Century, In Search of Hetty Green: Self-Made Women Millionaires, Patent Waivers (or Dont know much about history), Is Technology a Race? Miriam Benjamin was actively involved in the patenting process, as an inventor and assignee. Johnson highlights another contributing factor: low numbers of Black intellectual property attorneys. By comparison, 5% of attorneys in the U.S. are Black, according to the American Bar Association. The best, most perfectly qualified lawyer for a matter may be a black lawyer, but if theyre not in your network, youre not hearing about them. There are also organizations like the New Voices Foundation, which helps women of color who are entrepreneurs, and the Chicago Inventors Organization, which has worked with a number of Black inventors. The patented software, LinkLine, is a web-based application for . Like most of America, Kirkland & Ellis partner Ellisen Turner has followed the horrific killings of Breonna Taylor, Ahmaud Arbery and George Floyd. The invention was highlighted at the Atlanta Exposition of 1895. Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! The figures are particularly damning for African American lawyers. Copyright 2023 ALM Global, LLC. Duane Morris energy attorneys assist clients with advisory, regulatory, litigation, transactional and legislative matters involving environmental, energy and natural resources issues. Your article was successfully shared with the contacts you provided. We provide excellence in legal services and are proud to be one of the most powerful networks in the industry. So Turner would like to put this issue on the industrys radar screen: the failure to recognize and reward the achievements of black patent attorneys. Another study, from Michigan State University researchers, found that from 1976 to 2008, African American inventors were awarded six patents per 1 million people, compared to 235 patents per 1 million for all U.S. inventors. They benefit from a diversity of experiences in connection with among other things, witness preparation, formulating a trial story and approaches in relating to jurors. Access to additional free ALM publications, 1 free article* across the ALM subscription network every 30 days, Exclusive discounts on ALM events and publications. Its one of those statistics thats hard to wrap your head around. In addition, she regularly presents seminars, and publishes on a variety of IP topics, including: Jeanne has previously served on the firms Strategic Planning, Diversity, and Recruiting Committees and was the former chair and founder of the firms African-American Attorneys Affinity Group. Firm chairman Marc Kasowitz has provided Waldrop with that connection. Filed Under: Of Patents and Prizes, Women in the Republic of Enterprise Tagged With: diversity, intellectual property, patents, women, The Mystery of the Missing Minority Millionairess, A Halloween Debate: Diversity and Exclusion, Who was the First U.S. Economics Professor? Drayton said he too benefited from a black role model: former Cooley partner Daniel Johnson Jr., now of the Dan Johnson Law Group. We see strings of them every year, well beyond the subset captured on video.. He knows my kids, Waldrop said. The rarity of being a Black intellectual property lawyer in the United States hits home for the 1.7% of attorneys who fit that description. Even before she became the famous author we know today, she was already making history: At just 16 years old, she became the first black female streetcar conductor in San . She would similarly provoke efforts on her own behalf for over a decade in the House and Senate, claiming $20,000 (about $300,000 in current dollars) in workers compensation for injuries (including a strained heart and distress caused by noisy surroundings and overwork) she allegedly sustained while working as a clerk at the Government Printing Office in 1910. Shreveport Uzezi Abugo Uzezi Abugo, Attorney at Law Michael Acquah Hueston Hennigan LLP Los Angeles Michael Adams DeCuir, Clark & Adams, LLP in biology, again from Texas Southern University. Years ago, she said, a Black deputy general counsel at a Fortune 500 company got Gills a meeting with the outfits White general counsel. Yes, Patent Attorney jobs are male - dominated. Some companies tend to go with what they know, he said. Using the data below, you can see how other job titles compare to patent attorneys. Janet Emerson Bashen was issued U.S. Patent #6,985,922 on January 10, 2006 for "Method, Apparatus and System for Processing Compliance Actions over a Wide Area Network. Another problem is a gap in those who leave college with degrees in patent-intensive fields like science, technology, engineering, and math, experts say. As a dialogue springs up around systemic racism, Kirkland partner Ellisen Turner and other lawyers discuss the legal industry's failure to recognize and reward the achievements of black patent attorneys. I could see the beads of sweat on his forehead, because he was probably like, Oh my God, Gills said, Is my GC going to think she is fabulous?. NBA Annual Conference, 7/08), Pre-Conference Workshop on "Creating & Managing Patent Portfolios (2nd Annual IP Summit for Wireless Tech & New Media, 6/08), IP Litigation in the 21st CenturyA Look at In re Bilski, Post-KSR Litigation Strategies, & Stats on Best Patent Defenses (, At the Razor's Edge: Prosecuting and Defending Against Patent Infringement Claims Post-, Strategic Venue Selection & Use of IP Injunction (F&L Litigation Conference, 12/07), Navigating The Changing Tides of Patent Litigation (, Views from the Bench: Remedies in IP Litigation CasesA Roundtable of Judges from the Southern District of New York (Chair/Panelist, F&L 3rd Annual IP Conference, 10/07), Unexpected Results? 1920 census listing Benjamin as a patent attorney. *** In 1906, the Boston Daily Globe reported that Through the untiring efforts of Miss Miriam E. Benjamin of Boston, a clerk in one of the Departments at Washington, $10,482 has been awarded Samuel Lee, a negro, who was elected to congress 25 years ago, but never sworn in. Benjamin lobbied to bring the bill to aid Samuel Lee before Congress nine times, until it finally passed in 1906.