Welcome to the latest instalment of Managing IP’s ‘Five minutes with’ series, where we learn more about IP lawyers on a personal as well as a professional level. This time we have Lestin Kenton, director at Sterne, Kessler, Goldstein & Fox in Washington, DC
Someone asks you at a party what you do for a living. What do you say?
I tell them I am an intellectual property attorney that specialises in patent law. If there is further inquiry, I tell them my job ranges from helping clients build high-value patent portfolios to assisting clients in both offensive and defensive patent litigation.
Talk us through a typical working day.
The one thing I enjoy is that no two days are the same. The core of my practice centres on litigation at the USPTO, specifically matters before the Patent Trial and Appeal Board (PTAB). In that realm, a typical day may include developing strategies to defend against an inter partes review (IPR) petition or developing strategies to file an offensive IPR petition. Thus, daily tasks may involve coordinating these strategies with the client, other counsel and/or experts. Additionally, I spend a fair amount of time talking with clients about how to build and enforce high-value patents.
What are you working on at the moment?
I am currently working on several PTAB litigations—both from the patent owner and petitioner side of the fence. I am also in the middle of expert discovery for a US district court litigation proceeding.
Does one big piece of work usually take priority or are you juggling multiple things?
I am usually juggling multiple cases and things at the same time. Depending on the stage of the proceeding, a specific case may take priority (e.g., right before filing of a major brief, depositions, or oral hearing).
What is the most exciting aspect of your role and what is the most stressful?
Ironically, the most exciting and stressful aspects of my role are the same: handling cases that are sometimes crucial to a client’s business and their future. It’s exciting because it highlights how important the work we do can be, but it also can be stressful, because the stakes are high.
Tell us the key characteristics that make a successful IP lawyer.
Effective communication is key. This is an important skill that will help every IP lawyer throughout their career. It is essential to have the ability to effectively communicate in writing and orally. Communication is a two-way street, so engaged listening is an aspect of this skill. Not only do we need to zealously advocate for our clients, but we need to be able to hear and understand what are our client’s interests and goals are so that we can effectively represent them and help them achieve their goals.
What is the most common misconception about IP?
That IP is only for technology companies and/or large corporations. IP has benefits for companies of any size and in any industry. Solo inventors and small/mid-sized companies owe it to themselves to consider and exhaust all avenues for protecting their innovations and assets with IP protection.
IP is size-neutral as it benefits the companies of all scopes. Often, technology companies and large corporations like Amazon and Google get highlighted in the news in reference to their IP. However, smaller companies are often proving to be more creative and innovative with better and smarter ways of doing things. In today’s cut-throat competitive world, it is essential to understand that IP extends protection to all types of businesses in the market. It is the best asset any company or firm could ever own.
What or who inspires you?
Anyone who is passionate about what they do. No matter the field of endeavour, I enjoy watching and being around folks who are passionate about their craft and getting better at it. I think seeing passion converted into success is special, and I sincerely appreciate and admire it.
If you weren’t an IP lawyer, what would you be doing?
I would be an executive in the front office of a professional sports franchise (e.g., president, general manager). One of my biggest personal passions is sports. The prospect of helping to build a successful franchise with sustained success seems like it would be both challenging and very rewarding.
Any advice you would give your younger self?
1) Fight imposter syndrome every step of the way.
2) Hard work triumphs all the time, even if the return is not immediate.
3) Stay true to yourself and who you are—never compromise that for any reason.
