Intellectual Property

3 Questions For An IP Litigation Boutique Founder (Part I)

Her experience at a patent monetization company, coupled with the changing winds in the patent litigation space, helped convince her that now was the time to launch a new firm.

By  
on

(Image via Getty)

New beginnings are always exciting, especially when I see a fellow IP litigator take the same plunge into law firm ownership that my partners and I did nearly a decade ago. So when I saw a press release announcing that Wendy Verlander was launching a new IP litigation boutique, my interest was piqued. While I have not — at least to my sometimes spotty memory — had the opportunity to litigate with or against Wendy so far, I have been following with interest developments at her patent monetization company, Blackbird Technologies. In particular, I always admired Blackbird’s willingness to take on the hard job of representing inventor interests — even at a time when things for patent owners appeared at their bleakest. In my estimation, that dedication to inventor interests, coupled with the willingness to embrace a slightly nontraditional partnership model with inventors, made Blackbird worthy of attention. At the same time, it is clear that the experience at Blackbird, coupled with the changing winds in the patent litigation space, helped convince Wendy that now is the right moment to launch a new boutique firm.

In light of the above, I am very pleased to share with this audience a written interview I did with Wendy, who was gracious enough to agree despite her busy schedule. The bio she was kind enough to provide speaks for itself:

Wendy Verlander is the managing partner of Verlander LLP. She has over 25 years of experience working with technology-focused companies at all stages of development and growth, from startups to well established corporations. She has successfully litigated IP cases in a wide range of technologies before district courts across the country, as well as at the ITC, before the PTAB, and before the Federal Circuit.  In 2014, she founded Blackbird Technologies, a successful patent monetization company with a unique business model aimed at helping individual inventors and small companies. Prior to her work at Blackbird Technologies, Verlander was a partner at WilmerHale, a global firm renowned for its patent litigation practice. She has been registered to practice before the USPTO for almost 30 years. Verlander received a law degree from Columbia University and both a Bachelor of Science and a Master of Science degree from MIT.

Now to the interview. As usual, I have added some brief commentary to Wendy’s answer below but have otherwise presented her answer to my question as she provided it.

Gaston Kroub: What is most exciting about launching a new IP litigation boutique in the midst of this never-ending pandemic?

Wendy Verlander: As awful as the pandemic has been, I think it changed aspects of legal practice for the better. I’m not talking about just remote working and Zoom but rather fundamental changes in the way people view business and relationships. It’s been a time to change the old, set ways in which business functioned. For example, although clients have always wanted their lawyers to provide cost savings, given the real and lasting economic impact of the pandemic, it is now a necessity. Clients must adapt — quickly — and be willing to consider new approaches to legal work. It’s no longer a given that even the largest companies automatically turn to Biglaw firms for complex IP matters. That’s what makes the timing of our firm so exciting. We’ve cut our teeth at the big firms and can now offer that same level of expertise at a greatly reduced cost when it’s needed most.

Sponsored

Being a small firm has a lot of advantages for clients trying to navigate these uncertain times. We hope to do our part by making clients an integral part of the team, and helping them understand the issues and why decisions are made, rather than just someone you send a bill to once a month. Small firms like ours can provide greater personal attention, really focusing on a client’s specific business and needs, which is what they desperately want from their counsel right now.

Clients are also needing additional sources of revenue in this challenging time.  Many companies are sitting on large portfolios of patents and other IP but have no idea how to see revenue from those assets. We can guide them through that process — from portfolio review to licensing and assertion. At the same time, we can give companies the comfort they need that, if and when they get hit with a lawsuit, they won’t go broke defending it. These days, companies are focused on keeping their business going and don’t have the time to devote to additional projects. We can make that process much easier.

GK: Full credit to Wendy for accurately articulating the continued messaging that corporate legal departments continue to send to their outside counsel, namely that the pandemic has driven an even greater focus on cost containment and revenue development. And that outside IP firms are expected to contribute to those objectives on both fronts. Wendy’s astute reading of the current market for IP litigation services bodes well for her effort to build true partnerships with her clients — partnerships where interests are aligned and her firm’s services can be of maximum benefit. Likewise, her significant patent monetization experience should prove a powerful selling point for Verlander LLP, both in terms of leading to patent monetization opportunities and also demonstrating to companies that her firm is a viable option for defense work. While beginnings can be bumpy, I have no doubt that Verlander LLP is well-positioned to get off to a strong start.

Next week, you’ll hear from Wendy about how her Biglaw and other experiences are expected to impact her approach at Verlander LLP, as well as her thoughts on why working at boutiques can be an attractive proposition for Biglaw IP refugees.

Please feel free to send comments or questions to me at gkroub@kskiplaw.com or via Twitter: @gkroub. Any topic suggestions or thoughts are most welcome.

Sponsored

Gaston Kroub lives in Brooklyn and is a founding partner of Kroub, Silbersher & Kolmykov PLLC, an intellectual property litigation boutique, and Markman Advisors LLC, a leading consultancy on patent issues for the investment community. Gaston’s practice focuses on intellectual property litigation and related counseling, with a strong focus on patent matters. You can reach him at gkroub@kskiplaw.com or follow him on Twitter: @gkroub.

Topics

, , ,