Unified Insights - Amplifying Underrepresented Voices at The PTAB

Amplifying
Underrepresented
Voices at the PTAB
Speakers
Jessica L.A. Marks Mita Chatterjee

Senior Patent Counsel Corporate Counsel, IP
Unified Patents Hologic, Inc.
Toni Hickey
Chief Intellectual Property Counsel
Diane Lettelleir
Senior Managing Counsel
and Deputy General Counsel
J.C. Penny Corporation, Inc.
Cummins Inc.
2
2
Women at the PTAB Report
PTAB Bar Association
4
5
6
7
8
9
10
11
12
AIPLA 2019 Report of the
Economic Survey
Respondents
14
Law Firms
15
After the JD III:
Third Results from a National
Study of Legal Careers
The American Bar Foundation and
The NALP Foundation for Law Career
Research and Education
National Study of Legal Careers
After the JD tracks the careers of a nationally representative cohort of
lawyers admitted to the bar in 2000 over the first 12 years of their careers
ü AJD1 three years after they began to practice law

ü AJD2 through roughly seven years in practice
ü AJD3 12 years into their careers
The study examines job mobility, career satisfaction,
convergence/divergence of career patterns of women/minorities,
indications of continuing inequality by gender and race, family formation
and effects on professional careers, changes in the fields of practice.
17
Why
“The findings are important for all those who care
about the role of law in American society. Lawyers
are the gatekeepers to the third branch of
government. One cannot understand the
functions of law in our society without
understanding who lawyers are, whom they
represent, and what they do. The nature of the
rule of law in our society is shaped by which
groups are recruited into the legal profession and
by who ascends to positions of power and prestige
in the public and private institutions of law. If
women and people of color or individuals from
less advantaged social backgrounds do not enjoy
It the same opportunities to succeed in law practice
as others, the responsiveness of law to the needs
of all citizens and the legitimacy of law in eyes of
Matters all citizens may be at risk”
18
AJD Demographic Characteristics
In the third wave of the study, almost exactly half Lawyers of Asian descent comprised 6.3% of
(50.4%) were women and the most while Black and Hispanic lawyers
four fifths (82.8%) were White. comprised 4.4% and 3.2%, respectively.
4000
3500 White*
3000
2500 Hispanic
2000
1500
Black
1000
500
0 Asian
AJD1 AJD2 ADJ3
0 1000 2000 3000 4000
Men Women
AJD3 AJD2 AJD1
19
120.0
100.0
% Accepted Law School Applicants by Gender
80.0
48.8 48.0 47.2
60.0
40.0
51.2 52.0 52.8

20.0
0.0
2016 2017 2018
Female Ma le
Law School Admission Council Demographic Data

20
ABA Lawyer Population Data
120%
% Attorneys by Gender
100%
31% 31% 33% 33% 34% 36% 35% 36% 35% 36% 36%
80%
60%
40%
69% 69% 67% 67% 66% 64% 65% 64% 65% 64% 64%
20%
0%
2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019
Ma le Female
21
Median Income
Ø AJD1: Women and men had a

5% gap in income.
15% gap in income.
20%.
Ø The largest firms showed the

greatest gap between women’s
and men’s incomes.
Ø Women in the public sector made
between 96% and 98% of men’s
incomes for comparable positions
22
Income by Race/Ethnicity
AJD2 Median Income AJD3 Median Income
Asian Asian
White White
Hispanic Hispanic
Black Black
90000 95000 100000 105000 110000 100000 110000 120000 130000
23
Educational Debt Remaining
q Lack of family resources
accounts for some of the
difference in ability of
disadvantaged minorities to pay
debt
q Hispanic and Black respondents

were least likely to report zero
educational debt at Wave 3
q Percent with over $100,000 still
owed was 15.5% among the
Hispanic graduates (the only
increase from Wave 2 to Wave
3),
24
Left Out and Left Behind
Destiny Peery, Paulette Brown, and
Eileen Letts
Women of Color
• 15% of associates but only 4% of partners
• Highest rate of attrition from law firms
• Reported different work-life challenges

• More likely to have extended family or community obligations
• Less likely to use a babysitter or employ domestic help
• 57% had been confused for custodial, admin, or court staff
• More likely to seek advancement than white women or men

26
PTAB’s LEAP Initiative
Legal Experience and Advancement Program
• Foster development of next generation of advocates
• Create opportunities to gain skills and experience in oral

arguments
• Offer legal experience to a diverse group of practitioners
• Encourage participation in activities leading up to oral

argument
28
LEAP Practitioner
• 3 or fewer substantive oral arguments

AND
• 7 or fewer years of experience
• May conduct entire argument or share time
• Must have “meaningful and substantive” opportunity to argue
29
Safeguards
• Additional oral argument time
• More experienced counsel may assist during the argument
• More experienced counsel may clarify statements of the

record
30
Practical Considerations
• Nothing specifically to encourage diverse practitioners
• 3 or fewer substantive oral arguments is very low bar
• Billing considerations
31
Leading by Example
Life History
• What was your path to where you are now?
• What was your biggest “break”?
• What would you recommend to others?
33
At Work
• What hiring practices encourage diversity?
34
At Work
• What retainment efforts do you support?
35
At Work
• Do you find diversity trainings effective?
36
At Work
• Do you find diversity trainings effective?
• What metrics do you use?
37
Professional Development
• What do you see as your role in professional

organizations?
38
• What do you see as your role in professional

organizations?
• What are some diversity and inclusion events

that you have seen go well?
• What are some diversity and inclusion events

that you have seen go poorly (and why)?
39
Requiring Change
Outside Counsel
• What does your outside counsel do for you?
• In each of those roles, how do you encourage

diversity when selecting outside counsel?
• Do different activities lend themselves to

greater diversity/inclusion efforts?
41
Outside Counsel
• How do you confirm compliance with diversity

requirements?
• How much flexibility do you allow in your

compliance requirements?
42
• How do you encourage/require diversity in the

organizations you are in?
43
Sources
• PTAB Bar Association’s Women at the PTAB Report:
– https://www.ptabbar.org/wp-content/uploads/2019/11/PTAB-Bar-Association-2019-
Report-on-Women-at-the-PTAB.pdf
• AIPLA 2019 Report of the Economic Survey
– https://www.aipla.org/detail/journal-issue/2019-report-of-the-economic-survey
• American Bar Foundation and NALP’s After the JD III:
– http://www.americanbarfoundation.org/uploads/cms/documents/ajd3report_final_for_
distribution.pdf
• Left Out and Left Behind by Peery et al.
– https://www.americanbar.org/content/dam/aba/administrative/women/leftoutleftbehi
nd-int-f-web-061020-003.pdf
• USPTO’s LEAP Program:
– https://www.uspto.gov/patents-application-process/patent-trial-and-appeal-
board/leap
44
Questions?

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Amplifying

Jessica L.A. Marks Mita Chatterjee

ü AJD1 three years after they began to practice law

51.2 52.0 52.8

Law School Admission Council Demographic Data

Ø AJD1: Women and men had a

Ø The largest firms showed the

90000 95000 100000 105000 110000 100000 110000 120000 130000

q Hispanic and Black respondents

• 15% of associates but only 4% of partners

• Highest rate of attrition from law firms

• Reported different work-life challenges

• More likely to seek advancement than white women or men

• Foster development of next generation of advocates

• Create opportunities to gain skills and experience in oral

• Offer legal experience to a diverse group of practitioners

• Encourage participation in activities leading up to oral

• 3 or fewer substantive oral arguments

• 7 or fewer years of experience

• May conduct entire argument or share time

• Must have “meaningful and substantive” opportunity to argue

• Additional oral argument time

• More experienced counsel may assist during the argument

• More experienced counsel may clarify statements of the

• Nothing specifically to encourage diverse practitioners

• 3 or fewer substantive oral arguments is very low bar

• What was your path to where you are now?

• What was your biggest “break”?

• What would you recommend to others?

• What hiring practices encourage diversity?

• What hiring practices encourage diversity?

• What retainment efforts do you support?

• What hiring practices encourage diversity?

• What retainment efforts do you support?

• Do you find diversity trainings effective?

• What hiring practices encourage diversity?

• What retainment efforts do you support?

• Do you find diversity trainings effective?

• What metrics do you use?

• What do you see as your role in professional

• What do you see as your role in professional

• What are some diversity and inclusion events

• What are some diversity and inclusion events

• What does your outside counsel do for you?

• In each of those roles, how do you encourage

• Do different activities lend themselves to

• How do you confirm compliance with diversity

• How much flexibility do you allow in your

• How do you encourage/require diversity in the

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