3 Questions For A Female IP Boutique Partner (Part I)

It is no surprise that having lawyers of Katie Rubino’s caliber on its roster has helped Caldwell IP achieve the recognition it has garnered.

intellectual-property-law-300×169It is not every day that a boutique IP law firm is profiled in Inc. magazine, much less highlighted two years in a row as one of the fastest-growing businesses in the U.S., as well as the fastest-growing law firm for 2021. But for Caldwell IP, the attention is quickly becoming routine. Besides for the firm’s meteoric growth — achieved in the midst of this seemingly never-ending pandemic — Caldwell’s focus on recruiting female attorneys is worth our attention and plaudits. As we approach the end of 2021, a year that saw increased attention on patent law’s gender gap, I think it is fitting to spotlight a firm that is doing its best to render that gender gap a relic of the past. I was very pleased, therefore, to have had the opportunity for an introductory call post-IP Dealmakers with the chair of Caldwell IP’s Life Sciences Patent Group, Katherine Ann Rubino, in which I got the chance to learn more about the firm and its commitment to public service. And I am especially pleased that Katie has agreed to be my final interviewee of 2021, which for so many in the IP community was a year of challenge and adaptation to our new reality, particularly on the work front.

A graduate of Boston’s Northeastern University with a pharmacy doctorate, Katie is also an honors graduate of Suffolk University’s law school, where she earned her diploma with a concentration in IP law with distinction. As the head of Caldwell’s life sciences patent practice, Katie “works with start-ups and established companies, venture capital firms, and research universities and hospitals. Katie marries a deep scientific and technical background, cutting-edge legal experience and pragmatic business acumen to help clients advance and protect highly complex technologies.” Her technical expertise extends to “biologics, immunotherapy, antibody technologies, gene therapy, therapeutic vaccines, small molecule therapeutics, and drug formulations.” In short, she brings formidable legal and technical skills to helping clients with their patent matters — and it is no surprise that having lawyers of Katie’s caliber on its roster has helped Caldwell achieve the recognition it has garnered. At the same time, I would be remiss if I didn’t highlight some of Caldwell’s cutting-edge pro bono work, which serves to illustrate how IP boutiques can help advance worthy social causes through a willingness to provide free legal services to underserved populations.

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

Gaston Kroub: What is most exciting about your work with providing patent prosecution assistance to incarcerated inmates?

Katie Rubino: We find great reward in being able to help mentor individuals who are looking for a second chance and who are brave enough to admit they made a mistake and have commenced down a different path. This started out by happenstance, after an incarcerated person reached out to us after reading about our firm’s profile in Inc. magazine. He had an invention in the digital health space and was looking for help as an entrepreneur to protect and grow his business from behind bars. We were so inspired by his story and the impact his work would have on the community that we immediately arranged a phone call and subsequently wrote and filed a patent for him. It can be challenging in the intellectual property space to be able to provide pro bono legal services due to the length of time it takes to obtain a patent. So, for us to be able to find an organization to partner with and help the underserved and pay it forward has been a tremendously humbling experience.

GK: It is hard to think of a more interesting way for a pro bono project to start than what Katie describes above. At the same time, the challenges with providing pro bono representation on IP matters that Katie references can be formidable, particularly for the reason she identified regarding the length of time it takes to get a patent. (Maybe the USPTO should consider giving priority review to patent applications filed by IP law firms pro bono, or at least in situations where the inventor(s) are inmates, or even from disadvantaged groups for that matter.) But kudos to the Caldwell team for being responsive to a cold contact from someone looking to share his innovation with the world, despite the challenges presented by his incarceration. Building IP literacy and fostering entrepreneurship among disadvantaged populations can be a tremendous force for good, and it is incumbent on the IP community to do what we can to help. It may not require taking on the prosecution of a patent application like Caldwell so admirably did, as sometimes just a quick consultation and some guidance can do wonders to encourage someone to follow through on a good idea or business ambition. Whether it is by educating others about IP rights, providing pro bono services, or even by volunteering time to support local organizations that focus on entrepreneurship, IP lawyers can be catalysts for change in their communities. Not a bad thought to keep in mind as we approach the end of the year, especially for those of us who are thinking about how best to do better for those less fortunate  in 2022.

Next week, we will hear from Katie about how Caldwell’s growth has impacted on her personal practice, as well as her thoughts on what younger IP lawyers should be doing to succeed in the current remote-working environment. Until then, I hope everyone has a wonderful week heading into the first of two holiday weekends.

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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.


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.

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