Last week, I presented Part I of my written interview with a former patent litigator turned legal recruiter, Khurram Naik. That column presented his answer to the first of my three questions and focused on the factors that lead to the evergreen demand for elite patent litigation talent. What follows are Khurram’s answers to my remaining two questions. As usual, I have added some brief commentary to his answers below, but have otherwise presented his answers as he provided them.
GK: As a former practicing patent litigator turned recruiter, what are the lessons you learned at Biglaw that you apply to your current practice most regularly?
KN: Positioning a lawyer for the right firm is a form of advocacy, and my background as a patent litigator shaped how I approach it. I was fortunate to train under a mentor with deep Federal Circuit experience who emphasized being helpful to the court. He focused on framing outcomes that made it easy for judges to adopt his position, because judges want help reaching the right result.
I apply the same advocacy principle in recruiting. We counsel lawyers on how to present their experience in a way that’s genuinely helpful to firms: clearly explaining how they’ll contribute and how they fit into a practice’s needs. When a lawyer establishes that value during interviews, they are convert more interviews into offers, even when a role wasn’t initially defined.
This advocacy principle is also valuable in offer negotiations. We focus on structuring terms as win-wins, not zero-sum trades. A signing bonus, for example, isn’t just cash; it reduces a firm’s risk in securing an exceptional lawyer and gives the lawyer confidence in the firm’s commitment and fit.
GK: We can all benefit from effective advocacy on our behalf, particularly when it comes to career counseling. That need is perhaps most acute for busy IP litigators, who tend to have gotten to that level of practice precisely because they have done such a good job of prioritizing the needs of their clients. Every lawyer hopes to find a practice environment that is a good fit and also gives them room for growth, but we all know that there are no guarantees on that front — and that many toil in practices that do not make the most of their abilities and potential. Gathering the courage to explore alternatives is not easy, but once someone starts down that path, having a guide like Khurram can be essential to reaching the right destination.
GK: Where are the biggest needs for IP groups and boutiques right now when it comes to adding talent?
KN: There’s always some cyclicality in hiring, but the core demand in patent litigation is remarkably stable. Across BigLaw and boutiques alike, the biggest need is for litigators who can run cases: lawyers trusted to take depositions, manage experts, draft dispositive briefs, and exercise judgment without supervision. Those skills take years to develop, so they are coveted.
Trial readiness continues to matter even when trials themselves are infrequent. Lawyers who understand how cases are built end-to-end bring a level of judgment that firms value across matters. Cross-forum fluency, whether across district court, PTAB, ITC, or appellate work, further compounds that value and gives practices flexibility when workloads shift.
We’re seeing particular demand for life science patent litigators. For the reasons discussed above, life sciences matters are both high-stakes and evergreen, so firms are looking to ramp up their teams.
Experienced ITC lawyers are also highly in demand. These disputes aren’t for everyone — they’re a frenzy and often highly technical. But they offer great experience in a short period of time, and certain firms are becoming experts in the practice and need to ramp up hiring in short order. Lawyers with engineering or CS backgrounds are particularly in demand.
GK: Khurram’s answer is very valuable, irrespective of where someone might be in their career cycle. If you are a junior associate, it is helpful to know what skills are marketable and the onus is on you to do your best to acquire those skills at your current firm – or to seek a new firm if that proves impossible. You have less time than you think. Likewise, midlevel to senior associates and junior partners must be honest with themselves about how ready they are to manage a patent dispute from beginning to end. Of course this is a team sport and trial experience is super difficult to get. At the same time, the more you invest in skill development and improvement, the more likely it will be that if the time ever comes where you need Khurram’s services, he will be able to help. The patent litigation market is ever-changing, but the mix of technical legal skills, client management skills, and commercial judgment necessary to provide top-level client service will always be the benchmark that allows patent litigators to craft the careers that they crave – as opposed to the careers they are asked to endure.
My thanks to Khurram for the insights and cooperation, and I wish him continued success with his recruiting agency. There is no more exciting or challenging area of legal practice than patent litigation — and the war among firms for talent capable of providing exceptional client service in such a competitive discipline is showing no signs of abating. Helping those capable of finding the right place for them to flourish is a wonderful thing, and we should all be grateful that recruiters as thoughtful and effective as Khurram are there to make that happen for their clients and firms. I am always open to conducting interviews of this type with other IP thought leaders, so feel free to reach out if you have a compelling perspective to offer.
Please feel free to send comments or questions to me at gaston@k2k.law 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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