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Tiffany is a second-year law student at South Texas College of Law. She has a B.S. in Neuroscience and was involved in computational neurobiology research during her undergraduate education. She was raised by a family of entrepreneurs and found her passion in supporting and contributing to the technology start up community.
She hopes to use her science and business background to pursue a legal career in intellectual property, with a particular interest in patent prosecution and litigation.
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Tiffany is a second-year law student at South Texas College of Law. She has a B.S. in Neuroscience and was involved in computational neurobiology research during her undergraduate education. She was raised by a family of entrepreneurs and found her passion in supporting and contributing to the technology start up community.
She hopes to use her science and business background to pursue a legal career in intellectual property, with a particular interest in patent prosecution and litigation.
The first week has been exhilarating. Immediately after team introductions during the first on-boarding meeting, I attended my first hearing. It was extremely eventful. A few minutes into joining the virtual courtroom, I witnessed the opposing counsel confidently misstate the law. When the judge interrupted to correct the attorney, he retorted by proclaiming that he was, in fact, not misunderstanding the law. Additionally, instead of providing authority to support his argument, he proffered his position as a partner to his law firm and a general statement explaining that he had litigated the law in question many times before to attempt to establish credibility. At that moment, I had to double-check to make sure my jaw had not literally dropped because of how taken off guard I was by the interaction. When discussing the hearing after the fact with Lema, Beth, and Marlene, I was disappointed to learn that not all hearings are as exciting as the one I had just experienced.
Beth assigned my first task. I was informed that the opposing counsel (from the hearing) had until 5:00 pm the next day to file a sur-response. If filed, I was instructed to summarize all the cases cited. To prepare for the assignment, I went into the client’s file and read as much of the material as possible. It was very interesting and I lost track of time. Once the sur-response was filed, I went to work on it right away. I spent much of the night and early the next morning working on it because I was terrified I would run out of time before we had to file a reply. As I was barely finished with the majority of my outlined summaries, Lema approached me with a different urgent project.
My second task, assigned by Lema, is very interesting and difficult. One of our client’s employees is hosting at least part of the company’s proprietary software on a personal server. Because of the minimal effort and time required to delete data, effectively eliminating any evivdence of wrongdoing or the magnitude of harm the destruction of data could cause, we are attempting to file a temporary restraining order. However, in case we are unable to succeed on that front, I was to conduct research to determine whether it is possible for us to obtain the employee’s credentials from the hosting company without having to sue that entity.
My third task is to create an issue bank consisting of cases that have been litigated. This is a completely open-ended project since the issue bank does not exist at the firm at the moment.
Although everything is interesting, my biggest struggle is that, not only am I slow at researching issues, I have a tendency to go down the rabbit hole and get lost in the midst of it. I am quickly learning that asking questions is a great way to provide structure to the research and save you many hours. It can be very overwhelming, but everyone at this firm is so helpful and kind, that it is hard to feel like you are alone.
Time seems to move furiously fast here at L&M. This week: I continued to work on projects assigned last week, I observed my first client meeting, and I finally got to meet with my mentor. Getting to sit in on a client meeting was electrifying. This injected depth into the project assigned the previous week (researching whether it was possible to retrieve login credentials of a non-party via a TRO).
Tasks 1 and 2 are ongoing from last week. The first task is the issue bank project. I was granted access to the different cases Beth recommended I start with in constructing the issue bank. This takes a lot of time because I feel compelled to read all of the client’s case material (including correspondence material and opposing counsel’s documents) to get a fuller understanding of the issues in dispute. This project underscores the importance of managing time. I am actively trying not to neglect this project even when I feel there are other projects I need to be prioritizing. Prioritizing certain projects does not mean all other projects should be put on the backburner.
Task 2 entails the TRO of a non-party assigned last week. After dedicating a ridiculous amount of time on this project, Lema informed me that I was focusing on the wrong thing. I should be focused more on the substantive content of this case rather than the procedural aspect. Sitting in on the client meeting was enormously helpful in understanding the full context. Thus, I would highly recommend, if possible, participating in all client meetings!
For my third task, Lema asked me to prepare a motion for default judgment. Since I have not written a motion for default judgment yet, this assignment is terrifyingly exciting. I have spent most of my time researching the procedural aspect and reading everything in the client’s file. Here’s to embarking on the writing process!
Finally, I was able to meet with and learn from my mentor this week. He gave me an introduction to what patents are and resources I can use to learn more about them. He also told me about his experiences along the way to becoming a patent attorney. My final task is to review the material and resources and diagram the life cycle of a patent.
L&M has been amazing because you can literally get as much out of the summer clerkship program as you would like by putting in the time and effort. But my biggest piece of advice would be to not overcommit to projects. The ability to manage time well is one of the most important skills you can have. I try to actively remind myself that I would be much more content with submitting fewer assignments as long as I am content with the quality of my work.
This was a shorter work week due to the longer Memorial Day weekend. Even so, I had a very eventful week. I got to attend a patent prosecution interview between Jeoyuh, a patent examiner, and an inventor. The meeting went smoothly and amicably. The inventor confirmed that there were only a few minor adjustments to make to the patent application and that, once corrected/amended, the examiner was good to approve the patent. It was an amazing experience seeing the inventor’s joy and sense of excitement at seeing her product make it to the final stages of such a long and arduous process.
My mentor, Jeoyuh, tasked me with drafting some of the corrections/adjustments the examiner requested during the patent interview. Jeoyuh has been so wonderful and walked me through each section of the patent application, the office actions response, and how to draft the amendment response.
Last week, after submitting my first article assignment regarding the significance of negotiating choice-of-law and venue clauses into contracts, Megan returned my assignment with constructive feedback. The recurring motif to her critique is that my writing was too boring. It took much longer than I expected to make the corrections and try to spice up the prose. I am trying to manage the difference between legal writing and writing articles geared toward the business professional. I realized that the more focused I am on one style of writing, the more difficult it is to transition to the other style.
Every person at L&M is extremely receptive to providing feedback and making the time to meet with you. Take advantage of this opportunity because the best way to improve your writing is to understand where your weaknesses lie. Also, make sure you are taking quality notes during any interaction/meeting you participate in, even when you don’t think you’ll need to.
This week was an emotional rollercoaster. It was very eventful and I learned so much that I am happy to have learned but at the same time, wish I did not have to learn. I received a lot of feedback this week from Lema, Marlene, Feras, Megan, and Beth. Thank you all for taking the time to walk me through my writing, time management, and time-keeping.
My first task was actually a task assigned to me the week before. I mistakenly thought that I was supposed to prepare and draft a motion for summary judgment (MSJ) when, in fact, I was actually tasked with drafting a motion for default judgment. The most relevant distinction in my case is that a party will move for an MSJ after evidence has been heard (meaning there is evidence to consider when drafting this motion) whereas a motion for default judgment will occur because the defendant fails to respond. I spent the majority of my week on drafting the MSJ only to find out on Day 1 of this week that I needed to draft a default judgment. A default judgment, as Lema informed me, will typically take 1 - 3 hours to draft because it is essentially a matter of filling out a form. Although I felt really disappointed in myself, Lema and Marlene were amazing and did not hesitate to reassure me and to turn this into a teachable moment. This is not a mistake I will ever make again.
My second task came while I was working on drafting the motion for default judgment. Megan and Feras were very excited about a copyright infringement lawsuit filed against Paramount for their most recent release: Top Gun: Maverick. I was supposed to draft a blog post discussing the current state of copyright law, copyright transfer rights, and the creative timeline of Paramount obtaining the exclusive film rights to the release of this film. I was informed in my meeting with Megan and Feras that the expectation was that this project would take about 45 minutes. I, of course, took six full hours to complete it. Feras took the opportunity to let me know that I could have watched Top Gun: Maverick four times in the span of time it took me to research the subject. But it was definitely a fun introduction to the world of copyright law!
My third task was to submit and review an outline for the 60 second legal video this week. This took a few days to fully grasp a general overview of the topic of patent eligibility. I happened to create an outline for an article on the topic rather than an outline geared toward a 60 second intro. The recurring motif of this week is the excessive amount of time spent on each and every task assigned to me.
A very helpful piece of advice given to me by each attorney I’ve worked with is to ask for what the time expectation is for each task assigned to me. I have found, however, that each proposed time allotment has fallen far short of the amount of time I feel I need to truly understand a topic. My advice is to keep this time expectation in mind and diligently keep track of how much time you spend on those tasks. Mark down how much work you have completed at the end of the allotted time. This helps me to gauge where I am relative to where I am expected to be. Even if it can be disheartening when you quadruple your time spent on a project, seeing the incremental improvements can help sustain motivation to move forward. Additionally, take advantage of the excel formula functions! Let the program calculate the time for you. The easier the time track process is, the more likely you are to stick to it.
This was a transitional week where we were told to finish up tasks assigned under our first rotation and begin dipping our toes into the second rotation. In my case, I am moving onto the transactional rotation. I had decided early on during my first year of law school that I had no interest in practicing transactional law. However, after my first assigned task from the transaction team, I am not so certain anymore. I really enjoyed drafting my first assignment here.
I was only assigned 1 task by Feras this week as a part of the transactional team. I was told to draft a demand letter on behalf of our client in an attempt to retrieve funds spent on a speaker who was paid to speak at a conference. The letter was meant to outline the specific conduct that constitutes a breach of contract, outline the damages incurred because of the agreement and breach thereof, and demand immediate payment of the amount owed to our client. I had so much fun reviewing the case file because I got to read the email, text, and phone correspondence between our client and the breaching party. If this project was any indication of what the life of a transactional lawyer looks like, I think I might be interested in this particular field.
I spent a significant portion of my week working on my 60 second legal video project. I chose a topic that is a bit more complicated than I was expecting. Each outline I created seemed to fall more along the lines of constructing an informational article rather than a 60 second legal video geared toward business professionals. This field is so expansive that I really have to reframe my thinking and not overestimate how much information I can fit in 60 seconds so as to create a product that can be helpful to people that aren’t patent lawyers.
Tasks from my litigation rotation that I am finishing up include the motion for default judgment and the issue bank project. For my default judgment draft, Lema told me that the expectation is 1-3 hours. I approached this by putting in about 4-5 hours of work and then scheduling a meeting with Lema to answer all the questions that came up, and making sure I was going in the right direction. I’ve been told that if it takes more than the expected time, I could be over investing unnecessarily. This has been really amazing because during these meetings with Lema, she was able to give me more guidance or critique and saved me many hours of going down the rabbit-hole and keeping me on track of productivity.
Remember to try to incorporate constructive feedback into your routine. For example, I have been given tasks that should require only 1-3 hours, but despite knowing what the expectation was, I spent the majority of 3 work days completing a draft. You may be tempted to just spend more time on a project despite being told it should not take longer than such and such time, but, as the saying goes, you should work smarter, not harder. Having a time constraint on your projects allows you to map out the best way to utilize your time.
This week was jam-packed with action.
My first task was to review Feras’ redline changes and make corrections on the demand letter compliant with the Client’s comments. I was quite proud of myself this time around because I spent a total of 4.5 hours reviewing the case file and drafting my first demand letter. This was only 1.5 hours over the time Megan told me to spend on this assignment. I’m happy to see myself making progress on my time management/allocation skills. With regards to the assignment itself, my initial thoughts upon reading the draft that Feras sent back was that this letter is so well written and concise, and that there were a lot of corrections done to my version of the draft. Despite my slight disappointment with the amount of red on the redlined version of my draft, I felt a little proud each time I saw my words incorporated into Feras’ draft. This was a very satisfying feeling. Once the client responded with her commentary, I spent another few hours making the corrections. Feras told me to send the final draft directly to the Client, which was a big deal because I felt that, for the first time, I did not have a crutch to depend on to catch any mistake I missed. Reading the client’s response and seeing the words, “I’ve reviewed the final draft and it looks good,” filled me with relief as I let my body succumb to my Covid symptoms.
My second task was to complete and submit my 60 second legal video project. For this task, I had feedback from Feras and Megan after my initial draft and then additional feedback from Jeoyuh during our mentorship meetings. Each time, I was told that I am going too far into the weeds and need to focus, instead, on a higher level explanation of patent eligibility, especially since I only had 60 seconds on the topic. When I finally was able to trim the fat and prepare a transcript on paper, I gave myself a celebratory break from this project. And then, I got Covid. This was unfortunate because the due date was only 2 days away. The first day, I decided to get some rest and hope that my voice returns so I can record the video. Unfortunately, it only got worse. Thus, my final recorded product, though I am happy with the content, was barely louder than a whisper.
My third was an optional assignment to observe a hearing for which Lema was arguing in front of a judge she had not worked with before. This is the second time I had observed a hearing against this particular opposing counsel, so I was already familiar with his ill-mannered conduct in the courtroom. What I had not seen, however, was how Lema conducted herself in the courtroom. Lema began by providing a brief introduction about herself and her passion about representing the “under-dogs.” With this transition, she moved into relaying the facts. Even though I had reviewed much of the material in our client’s file, I was still intrigued by the story that Lema told. During the post-hearing review, Lema told us that her introduction regarding her background and passion for representing under-dogs was strategic. Because she had not worked with this judge before, she did her research and learned about the judge’s background. She proceeded to illustrate her own background because of their similarities. After learning this, I regret not paying closer attention to the judge’s demeanor and facial expressions. I really enjoyed observing how the attorneys at this firm conduct themselves in the courtroom, and I highly recommend anyone to watch at least one hearing at some point during their clerkship.
When planning out my schedule, I break down my tasks into small milestones and benchmarks. Something I would recommend is that, if you reach these milestones, take a break so you can prevent burn-out. However, you should make sure that you also limit/time your breaks because you never know when something outside your control may come out. Had I filmed my 60 second legal video once the transcript was ready, rather than celebrate by setting it aside for two days, I probably would have been able to record a normal, non-quarantine confined, video.
Even though this was only a four day week, it felt extremely productive. I had assignments due each day and got to meet with more Clients this week alone than I had the entire clerkship. Additionally, Jeoyuh assigned the much anticipated research on Artificial Intelligence and Machine Learning to prepare to draft a patent application on the topic. I am super excited because next week is officially the beginning of our final rotation. Even though I entered L&M hoping to gain as much exposure as possible, I knew that I had aspirations to practice Patent Law. I look forward to seeing how much or how little my perspective changes during this final rotation. And, regarding the L&M Clerkship Mock Trial, details have officially been doled out and Lema has paired us up with a nemesis to go up against for a mock hearing, which will be conducted in front of the entire firm.
My first task this week was to do research on what the standard was under Texas law of removing/expelling/forcing out a member of an LLC. Feras asked me to focus on what factors and circumstances would allow for expulsion. At the time of submission, I was quite proud of the outline I created. Although it was disappointing to learn that the research I conducted was not quite what he was looking for, Megan assured me that the work was not done in vain and that she will put my research to use in the future.
My second task this week was to draft a resolution letter. After sitting in on a client strategy meeting I was asked to take a first pass at drafting a resolution letter that entailed reframing conduct the opposing party engaged in a way that could benefit our client. I continue to see an improvement on the amount of time it takes me to complete a task.
My third task was to conduct a background check on the person who wronged our Client. This assignment was surprisingly nerve wracking because of the fear of missing something important. I spent a significant amount of time searching the public records, oftentimes searching the same thing twice or three times to ensure I got absolutely everything. My Public Records search behavior must have been a bit concerning because I received an email from Lexis Nexis noting some “suspicious activity.”
My final task was to create a response shell for a patent application Office Action. This patent application/claim is completely different from the one I worked on a few weeks ago. I am still trying to familiarize myself with the language/content, but I hope that it becomes easier to understand the more I expose myself to these types of documents.
A piece of advice I can give is make sure to comment or type out any questions that may come up while working on a project assigned. There have been multiple occasions where I have a meeting to ask questions/review projects assigned and I forget which questions I had because those meetings are usually packed with information/suggestions/critiques. When I have them already drafted/typed on the page itself, it’s a simple matter of reading it aloud to jog my memory.
I cannot believe how quickly this clerkship has gone by. This week was especially challenging because I felt really outside my element. Preparing and practicing for the L&M Mock trial was very time intensive, and consumed most of my time and thoughts. I’m so grateful for the opportunity to present oral arguments in a terrifyingly real simulation even if I left feeling ready to cry. I cannot help but to express my gratitude for how often and the extent to which I get to challenge myself each day. Though I am passionate about self development, I also have a tendency to beat myself up over anything that falls short of my expectations of my capabilities. L&M has been amazing, encouraging growth, and supporting you every step of the way.
My first task was to submit a memo in preparation of our mock trial/hearing. Upon receiving the assignment and topic of our memorandums, I was extra appreciative of my professor from Civil Procedure. He is an amazing educator and his instruction on the Erie Doctrine really helped me to draft this memo. I have used every bit of legal education at my time at this clerkship. This is such a stark contrast to my undergraduate degree. Though I studied Neuroscience, and worked in a hospital setting, all the Neuroscience I needed was learned on the job. At L&M, I have had to retain the things I learned in school and actually put them to use on almost every assignment.
My second task was to conduct research on representing two plaintiffs in a single lawsuit. It seemed to be common practice to represent two defendants in a single lawsuit, I was curious as to why it was not as easily accessible to represent two clients. I found that, in situations like these, the Rules of Professional Conduct govern. Conflicts of Interest is a very important thing when it comes to representation of a current or former client. As a lawyer, you want to be able to provide the absolute best for your client. Representing two clients that are substantially related or involved with a single action or set of actions can be problematic if there is a possibility of adverse consequences on either one of your clients.
My third task is to conduct research for “patent trolls making frivolous lawsuits.” Unfortunately, I had to ask for an extension to conduct this research because I was so engrossed and involved with the hearing and oral arguments. It is very disappointing to let people down because you are unable to meet a deadline. However, learning how to communicate on topics you’d rather not have to communicate is a very important skill to have. I appreciate how understanding and patient Jeoyuh has been with me and being considerate to the other obligations I have been participating in during this clerkship. BUT, its time to continue on with my patent and soft IP rotation and I have asked Jeoyuh to hit me hard and let me be as involved as possible with the patent team. I highly recommend taking advantage of learning as much as you can here. All you have to do is ask.
I am going to do something different and relay some of the thoughtful pieces of advice provided to me by the team after my hearing. Just a few of the ones that really stuck with me.
This week consisted of heavy exposure to patents and an introduction to my first trademark related task!
My first two tasks consisted of completing research assignments given to me by Jeoyuh last week regarding patent trolls and foreign filing.
First, Jeoyuh asked me to find cases surrounding patent troll laws prohibiting non-practicing entities (NPEs) or patent assertion entities, which are also known as patent trolls, who file frivolous patent infringement claims. Jeoyuh never hesitates to help get me started by providing the statute in question or helpful links to give me an overview on the topic. Unfortunately, despite his help, I was unable to find case law that was exactly on point to show the legal standard in Texas to prevent patent trolls from taking advantage of the judiciary for their own personal gain. I had to submit the current status of my research, which included the codified version of the Senate Bill passed, the only two cases that cited this particular statute, and cases (with notes pointing to either the relevant facts, quotes, or rules of the cases) that may have some relevance, but may not necessarily be on point with what Jeoyuh was looking for. Currently, I am awaiting his review and further guidance or parameters with which to conduct further research.
Second, I was tasked with outlining the difference between foreign filing under the Patent Convention Treaty vs foregin filing under the Paris Convention and the deadlines for filing these applications after one files a US application. I really enjoy these research assignments because I learn so much. I found some very helpful and informative sources of information. Although I have my notes and thoughts down on paper, I am going to continue to reorganize my notes until I am satisfied with the logical flow of my research assignment.
Third, I got to sit in on a client interview regarding another patent and to prepare for a patent examiner interview. This was very different from my previous experience because this topic is more complicated (relates to software as opposed to food) and has encountered some patentability rejections. This is very exciting because I am getting to use the research and knowledge I gained from my 60 second legal video! I was instructed to draft a memo to summarize the meeting and to highlight what I felt were the most important takeaway points.
Finally, I got to draft an Interview Agenda in preparation for the Examiner interview this coming Monday. Although it was a bit disappointing to see all of Jeoyuh’s corrections, I appreciate any opportunity to gain exposure and experience on the topic.
When conducting any research assignment, I make sure to use the hyperlink function to not only save the links that were very helpful to me, but also to make it easier for me to label the articles I find. This allows you to not only provide the reader the sources to where you get your information, but also to reference them when organizing your notes or returning to a research task. I always like to make it easier for the reader to find the information I was referencing in case my notes are not as coherent as I would like them to be. This also allows any future clerk or employee working on your assigned task to pick up where you left off.
This week involved my first attempt at patent claim drafting. Although the exercise itself was fun and challenging, the humbling and less exciting part came after when Jeoyuh went through each line and gave me live feedback.
My first task was assigned after sitting in on the examiner and inventor interview. The examiner was very enthusiastic and helpful. He appreciated the inventors’ passion and genuinely seemed to want to help the inventor obtain a patent for his automation software. After the interview, Jeoyuh sent me an email via the thread asking me to draft an interview summary to include in the claim amendment in response to the office action. Unfortunately, I did not see his email or realize I had been given an assignment until Jeoyuh followed up the day the amendment was due, two days later. I apologized for missing the assignment, informed him that I would work on it immediately and submit it in the next one to two hours. I submitted it within two hours and he was able to incorporate most of the language of my draft into his filed amendment. Although I had recognized that Jeoyuh communicates on email more than on slack, I failed to pay more attention to my emails. Jeoyuh was very understanding that certain people have different technological dependent behaviors, but I vowed not to make this same mistake again. In the future, I will make sure to pay extraordinary attention to the preferences different people have in the way they communicate to avoid any break in communication.
My second task was to review and understand a new client’s machine learning based application. I was to draft a problem and solution statement surrounding what issue this product is meant to help resolve. And then I was to attempt to draft my first claim. When reading the information disclosures, it took two to three reads to understand what I was reading. I have a tendency to skim over mathematical equations and had to force myself to read to understand the function. After researching best practices and example patents, I attempted to draft my own claim. As I was drafting, I realized that I, in fact, did not understand the invention as well as I had thought. This was affirmed when I submitted my draft and Jeoyuh painstakingly went through each line with me. Jeoyuh gave me so much information and feedback that it was a bit overwhelming. I also had to hide from the screen from embarrassment at times during the review. But, it was such a great experience overall, I encourage everyone who is eligible to practice patent law to take advantage of the opportunity here. I now have feedback and new research topics to move forward with on this topic.
My final task was assigned by Megan and I was told to draft an executive summary of all the documents/pdfs provided by a client. I currently await feedback!
Pay attention to how each person communicates. Even if the norm at the firm is to communicate via slack, not all members will make slack their primary form of communication. I was extremely fortunate that the task was not extremely difficult or time consuming and that Jeoyuh was able to make use of what I provided. Otherwise, Jeoyuh would have been burdened with completing the task himself when he had so much more on his plate.
This was the second to last week of the clerkship and although it started off slow, I quickly realized that the small break was short lived. I completed my first trademark office action response slash memo assignment, which I began with the determination that I was going to have fun and be as creative as possible on this assignment. I look forward to reviewing my draft and discussing it with Allie to see how my creative mindset manifested.
My first task was the Final Office Action response memo assigned by Feras and Allie. Feras decided to assign this to me because of my cosmetology background. This was a trademark registration application related to beauty products. I began this task with no experience whatsoever in Trademark Law. I read the Trademark Manual of Examining Procedure (TMEP) for the first time, read trademark law cases, and searched the trademark database. Compared to the Manual of Patent Examining Procedure(MPEP), the statutory language was easier to read and seemed a bit more straightforward. I got to discuss the subject matter during my mentorship meeting with Jeoyuh and I appreciated a patent attorney’s perspective on trademark law.
My second task was to review a new (to me) client’s patent application, office actions, and interview summary so I can formally draft and potentially file the patent office action response. This is due next week so this weekend will be spent working on drafting my response.
My third task is related to the aforementioned new-to-me patent client. There was a glitch in the USPTO system and we had to file and pay for expedited track 1 patent application process because the initial application receipt stated that they did not receive payment. The money, however, was withdrawn from the bank twice. We had to file a petition to abandon the initial application so as to receive a refund. This petition was dismissed. We filed a renewed petition, which was also dismissed. My task is to research the appeal protocol regarding the appeal process for application abandonment after two dismissals.
My biggest advice for enjoying and getting the most out of this clerkship is to get to know your coworkers, not just professionally, but on a personal level as well. Being virtual can be really difficult because it can feel like you’re going through all of it alone. My experience here really took off when I got closer to the people I work with. Now, whether they like it or not, I’ve decided that the people at this firm are going to forever be in my life.
This was officially my last week at Lloyd and Mousilli before starting school. It was such bittersweet see you laters for all the amazing people I’ve spent this summer with. I cannot thank you all enough for the opportunities to learn from and interact with you. This final week was spent working and spending in-person time with the Houston team.
First, I had to complete my revisions on the legal 60 second video. A few weeks back, when discussing this project with Megan, I distinctly remember her mentioning that this was supposed to be a fun project. My first thought, which I mentioned to Megan, was that we had very different definitions of fun. It was a very involved topic and I struggled trying to explain patent eligibility in 60 seconds. After receiving and implementing constructive feedback from Megan, Jeoyuh, and Feras, I was able to submit a revised version. After seeing the final version, I saw a substantial difference between my first attempt and my final product. After seeing such a drastic improvement, I decided, after completion, that I really did have fun, even if the process was extremely challenging. The satisfaction, for me, comes with seeing improvement, and this is the recurring theme during my time at L&M.
Second, I had to submit the patent office action response to Jeoyuh. Once I did so, Jeoyuh decided he wanted to have fun and conduct a mock examiner interview such that he can be an examiner again and I can practice representing a client during the prosecution process. I thought I had pretty solid arguments and a thorough understanding of the invention. However, I banked my entire response on this one argument. Turns out, the intended use of the invention was not a determinative factor, but rather simply one factor to be considered. The biggest thing I learned was that I need to have many arguments prepared in case the one I am basing my entire argument falls through. This was an amazing and terrifying experience, thank you so much, Jeoyuh.
Third, after my mock interview, Jeoyuh gave me feedback, from an examiner standpoint, and made corrections and comments on my office action response, I made corrections and submitted an updated draft. During these corrections, my biggest struggle was reviewing my notes during the examination process and making the appropriate corrections. During my mock interview, I was disappointed in myself, and very nervous and anxious, thus, I was not able to take thorough notes when Jeoyuh was speaking. Because of this emotional response to and during the interview, I forfeited attention that needed to be given to the examiner. Although his comments were very helpful, I realize I need to better learn to compartmentalize my feelings so that I do not get in my own way.
I have two pieces of advice to provide for this final week of my clerkship. First, Even if you are not enjoying or are able to find joy in every project or task that is assigned, give it your all because the learning curve and professional growth is likely to be enough to bring you satisfaction and validation. Second, learn to manage your feelings so that you are not holding yourself back from fully processing and taking in feedback. Learn now, cry later.