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Attorney By Attorney Career Profiles of the Profession Who? Dianne B. Elderkin Partner elderkin@woodcock.com What? Primary Practice Area & Subspecialty Fields: Almost all of my time is spent in patent litigation or counseling clients on infringement/validity/licensing matters. I also oversee more junior colleagues' patent prosecution efforts. When? Years in Practice Area: Since 1978 Years in the Legal Profession: Since 1978 Where? Employer: Woodcock Washburn LLP www.woodcock.com Size/sector: 80 attorneys/ IP boutique City/State: Philadelphia, PA Law School: George Washington University Undergraduate School/Degree: Chemistry, Bucknell University, B.S. Why? Pluses/Challenges of Practice Area: One of the things I enjoy the most about patent practice is being exposed to interesting new people and to the cutting edge technological advances of my clients. I also enjoy the challenge of learning new technologies and working with others to "teach" them - as well as complicated issues of patent law -- to judges and juries. Even after 25 years in the field, I run into an interesting new issue to be dealt with almost every day, and I love the intellectual challenge. The schedule demands and stress that come with litigation are always a challenge, but I have found that these are manageable by working with a good team of supportive people. Core Skills/Key Knowledge Needed in Your Practice Area: One should be comfortable enough with technology to be open to and able to learn new things - no one expects their patent attorney to know as much as the client going into a matter! You learn it on the job. One should have good people and communication skills. Advice to Lawyers and Law Students Interested in Your Practice Area: Patent lawyers were rarer birds when I joined the profession in 1978 - now many more are seeking to enter the field, so it is more competitive. My advice to those wanting to enter the profession is to find a way to distinguish you from the others - whether by superb technical training, work experience as an engineer or scientist, clerking for a federal district or CAFC judge, or actual patent experience as an agent or law clerk during law school. Any one of these things stands out on a resume. Also, if you are still in law school, use every chance you can to hone your writing and oral presentation skills. How? Career Path to Current Position: I worked part-time at a patent boutique during my second and third years of law school and got a good grounding in patent law. I was able to pass the patent agent's exam while in law school, based on the training I got at work and at GWU. After law school, I worked in-house as a patent attorney at DuPont for nine years before joining my current firm. This is a nontraditional path (many law firms do not hire people as senior as I was when I joined my present firm), but it worked well for me. I was exposed to a multitude of interesting issues and people at DuPont and gained "in-house" experience that has served me well in later years dealing with my "in-house" clients. I spent the first ten years of my career primarily working in patent prosecution and counseling and then transitioned to litigation. I think the years in the trenches, learning the ins and outs of patent law and prosecution, serve me very well in my litigation efforts today. Influences and Mentors: I have been fortunate to learn from many senior colleagues over the years. There are three who stand out, however. Frank Paintin was a senior attorney at DuPont and later became my partner at Woodcock Washburn. Frank was not only a wonderful teacher of the law, he taught me a lot about being a professional and existing/thriving in a hierarchical corporate environment. There were few female patent attorneys in the late 70's when I joined the profession, and Frank was wonderfully supportive of me. Once I came to Woodcock Washburn, I learned a lot from partners Ted Preston and Phil Johnson. Ted gave me the opportunity to work with him on my first jury trial, and I subsequently worked on many more litigations with Phil. I gained a lot from watching Phil's creative mind and seeing how he successfully led a litigation team. Job Search Techniques Used in Finding Your Position(s): I don't know that anything I did 15, or 25, years ago is applicable, but I would stress that any relevant work experience that can get gained during law school, either during summers or part-time during the school year, can set a candidate apart from others Bar Affiliations and Activities: ABA, AIPLA, Philadelphia Intellectual Property Law Association. Recent Professional Publications: Regular columnist on ADR in IP Litigator; frequently publish articles in other publications. Recent Professional Presentations: NJIPLA presentation on 2002 developments; PIPLA presentation on CAFC year in review; ABA 2002 annual meeting on claim construction. Memorable Career Moment: There is nothing like the rush that comes from winning a verdict after months of backbreaking work on a case. However, one of my most memorable career moments came after getting an adverse result on a PI motion. The rest of the team and I were devastated, but I learned a lot from the team leader, Phil Johnson, and our client (who remained incredibly supportive) about taking your hits and getting back in the ring. We did that and ultimately prevailed in the matter. I learned that you sometime lose cases you should have won, and sometimes win cases you should have lost, and that you cannot take it personally - you just have to dust yourself off, get back up, and continue to put forth your best effort. Intriguing Interests: Keeping up with my kids! Old houses; gardening; doing nothing at the beach; skiing; travel.