On the heels of two wins in the U.S. Court of Appeals for the Federal Circuit for United Patents and Acufloor, Haynes Boone Partner Angela Oliver spoke with Managing IP for their 'Five Minutes With...' series to discuss tips for preparing oral arguments, her passion for marine biology and more.
Read an excerpt below.
Someone asks you at a party what you do for a living. What do you say?
I generally say, at a high level, that I am an appellate attorney, and I focus on issues related to intellectual property and technology. From there, the conversation depends on the audience — sometimes the conversation turns to patent law, and sometimes it turns to general appellate law.
Talk us through a typical working day.
On most days, I am either drafting an appeal brief or preparing for an upcoming oral argument. When I’m focused on writing a brief, I spend my time analysing case law, reviewing the trial or agency record in detail, and crafting the arguments we will present in our brief. Having a strong brief is critically important for every appeal, so my goal is to provide the court with a clear, thorough, and convincing explanation of my client’s position.
When I’m preparing for an oral argument, I spend my time analyzing the parties’ briefing, studying the case record, and identifying aspects of the case that may raise questions from the judges. I always keep a stack of blank index cards next to me, and every time I think of a potential question, I write it down on a card.
Later, I flip through my index cards and focus on developing the strongest answers to those questions so that I am prepared for whatever the court might ask. I also typically participate in one or more moot arguments to understand how other attorneys perceive the issues in the case and learn from their experience.
What are you working on at the moment?
I am currently working on several Federal Circuit briefs involving a variety of different issues, and I expect to have a few oral arguments scheduled later this year.
Does one big piece of work usually take priority or are you juggling multiple things?
There is always some degree of juggling between matters, just to keep all the plates spinning. But generally, my main focus each day is on one major project (usually an appeal brief).
What is the most exciting aspect of your role and what is the most stressful?
The most exciting – and stressful – part of being an appellate IP attorney is presenting oral argument. There is nothing more fun in this job than standing at the podium in front of a panel of Federal Circuit judges and advocating on behalf of my clients. In many cases, there are a variety of issues in play, and it is often impossible to know which issues the judges will want to discuss during the argument. Having to adjust my strategy on the fly in response to the court’s questions is a lot of fun.
Tell us the key characteristics that make a successful IP lawyer/practitioner.
From my perspective: diligence, creativity, and serious attention to detail.
To read the full article from Managing IP, click here.
