Meet some of our LEAP sponsors and participants

More than 100 patent practitioners have participated in LEAP in the first two years of the program. They have presented oral arguments to the Patent Trial and Appeal Board in actual cases—both ex parte appeals and AIA trial proceedings—and taken advantage of training opportunities such as mock arguments. Additionally, many attorneys from law firms and corporations have sponsored the participation of LEAP-eligible practitioners. A few of the LEAP participants and LEAP sponsors are featured on this page. Read about their experience with LEAP and the many benefits that the program has to offer. Presentation of these LEAP participants and sponsors is for illustrative purposes only and does not constitute or imply endorsement by the U.S. Patent and Trademark Office, the U.S. Department of Commerce, or the U.S. government.

Meet some of our LEAP sponsors

Erika H. Arner, Finnegan, Henderson, Farabow, Garrett & Dunner

How do you think LEAP has helped your associate the most?
The LEAP program has helped our associates in many ways, including high quality training, first-hand interactions with APJs, and opportunities to network with their peers at an early stage in the PTAB practice. But by far the most helpful aspect of the program is the opportunity to argue client cases before the Board at an early stage of their career. “Stand-up experience” is a key part of an associate’s progression from working attorney to lead counsel, and the LEAP provides the tools to make that a reality earlier.
What motivated you to promote a LEAP participant to participate in oral argument?
I have always believed in giving opportunities to our junior attorneys as soon as they are ready, which is often much earlier than conventional wisdom would allow. The LEAP program provides concrete tools to make early argument opportunities work for the LEAP practitioner, lead counsel, and clients. The LEAP program not only gives junior attorneys the opportunity, it is structured to set them up for success, giving our clients terrific advocacy in their cases while helping to raise the next generation of PTAB lead counsel.
Does LEAP adequately address any client concerns associated with putting forth a LEAP practitioner to participate in the argument? What aspects of the program best address those concerns?
The specific tools in the LEAP program set up practitioners for success and give clients reassurance that their cases will be well-argued by their advocates. By offering extra argument time to LEAP practitioners, the PTAB is making a significant investment in helping the LEAP practitioners succeed while also sending an important message to stakeholders that this program is structured to support LEAP practitioners. In my experience, LEAP practitioners are so thrilled to have the opportunity that they are the most prepared for oral argument and knock it out of the park.
Do you have any other comments or feedback about LEAP?
While the LEAP program is terrific for all practitioners, in our experience it has been especially impactful for racially and ethnically diverse practitioners and women. In these groups, the pipeline has historically gotten leaky earlier, so it is great to get these practitioners significant opportunities early in their career progression.

Jon E. Wright, Sterne, Kessler, Goldstein & Fox, PLLC

How do you think LEAP has helped your associate the most?
First and foremost, it gets associates “in the door” with respect to their first oral argument. Often, getting that first live argument is the single most difficult hurdle that young associates face. LEAP allows them to clear that hurdle with a bit of extra confidence—that the Board welcomes LEAP participants, that LEAP participants have extra time, and that they have immediate support (if necessary). It is a confidence-inspiring process.
What motivated you to promote a LEAP participant to participate in oral argument?
For each of the two clients that have participated, there were two key factors that motivated participation: (1) the key LEAP provisions (extra time + ability to step in), combined with (2) a talented junior associate that the client has at least some prior experience with. LEAP was an easy sell in each case.
Does LEAP adequately address any client concerns associated with putting forth a LEAP practitioner to participate in the argument? What aspects of the program best address those concerns?
By encouraging and publicly promoting LEAP, and by providing extra time and the ability for more experienced counsel to step in (if necessary), the Board has not only mitigated some of the risk that clients may feel with inexperienced counsel, but it has actually incentivized clients to give a shot to LEAP practitioners. Just as importantly, these features make it easier for project leaders to “sell” the LEAP program to clients.
Do you have any other comments or feedback about LEAP?
I would advise project leaders to think about LEAP at the very beginning of the project. Identify a LEAP candidate early on, ensure the candidate plays a role in each aspect of the proceeding (strategy, drafting, conference calls, etc.), and ensure the candidate is included on client calls and communication. Then, when it comes time to consider who will argue at the oral hearing, the project leader can confidently put the candidate before the client and sell the LEAP program. Waiting for the oral argument to first consider LEAP is too late.

Michael G. Babbitt, Willkie Farr & Gallagher LLP

How do you think LEAP has helped your associate the most?
I have several associates that argued their first PTAB oral argument through LEAP. There is nothing better for associate development than getting on your feet experience in court, like through LEAP!
What motivated you to promote a LEAP participant to participate in oral argument?
On my cases, I truly believed that the LEAP participant was the best person to do their portion of the oral argument. The added benefits of LEAP with the moot court experience, argument time, and senior attorney oversight, made it an easy decision to recommend.
Does LEAP adequately address any client concerns associated with putting forth a LEAP practitioner to participate in the argument? What aspects of the program best address those concerns?
LEAP is structured in a thoughtful way to help address any potential client issues. For me, I first had a LEAP participant do the moot court program to get substantive experience and feedback from senior practitioners, not to mention judges. This moot was a helpful introduction to the program for the practitioner and my client. Then, the added argument time gives a tangible benefit to the party for doing LEAP that can be highlighted for the client. Last, the senior attorney oversight during argument—although in my experience has not been necessary—is a nice final layer of protection for the client’s interests.
Do you have any other comments or feedback about LEAP?
I have really appreciated how enthusiastic and consistent the PTAB judges have been in publicly supporting the LEAP program. At the PTAB Bar Association, boardside chats, CLEs, and other events, the judges are constantly encouraging LEAP participation to practitioners. It has sent a great message to the PTAB bar.

Meet some of our LEAP participants

Alexander R. Covington, Sterne, Kessler, Goldstein & Fox, PLLC

How do you think LEAP helped you the most?
LEAP helped me become a more well-rounded patent practitioner. Not only did LEAP help me develop my oral advocacy skills, it provided additional perspective about the PTAB and the ex parte appeals process that I have carried through to other areas of my practice. For example, LEAP helped me understand important things to emphasize during prosecution that could later be helpful in an ex parte appeal. And I have applied what I learned about oral advocacy to other areas of my practice, from examiner interviews to interactions with clients and colleagues.
What is your advice to other newer practitioners, who are eligible for LEAP?
My advice to other newer practitioners who are eligible for LEAP is to do it! For newer practitioners, it can be challenging to get oral advocacy experience. If you have the opportunity, don’t hesitate to participate in a LEAP oral argument. Although it can be intimidating at first, the experience is very rewarding.
Have you participated in any of LEAP’s training opportunities and, if so, what did you gain from them?
LEAP’s training opportunities were invaluable when preparing for my oral argument. The training programs helped me understand what to expect at an oral argument and what to focus on during preparation. I went into my oral argument well prepared, thanks to LEAP’s trainings and support from my Sterne Kessler colleagues.
Do you have any other comments or feedback about LEAP?
I am grateful for the opportunity to participate in LEAP, and thankful for the support that Sterne Kessler provided throughout my LEAP experience. Overall, I am happy that the USPTO is encouraging newer practitioners to have an active role in all levels of patent practice.

Michelle Aspen, Unified Patents, LLC

How do you think LEAP helped you the most?
It allowed me to focus on my substantive arguments instead of racing a clock, which calmed my nerves in preparation for the argument. In one of the cases, I ended up not even needing the extra time, but it was nice to know I had it while I prepared.
What is your advice to other newer practitioners, who are eligible for LEAP?
Seek out opportunities to present as much of the argument as you can! This is a limited-time opportunity for each attorney, and at least one of your LEAP arguments should be a full argument so that you have the chance to prepare for different questions and rebuttal.
Have you participated in any of LEAP’s training opportunities and, if so, what did you gain from them?
I participated in a mock argument. It was a great learning experience, and it was fun! The positions were developed well in advance, so the focus was truly on how to present an oral argument. The live feedback from the judges was invaluable, and I received tips that I don’t think I would have gotten from co-counsel.
Do you have any other comments or feedback about LEAP?
I would love if pandemic-LEAPers had a chance to have one in-person LEAP opportunity if it ever comes up. I have a feeling that in-person and remote arguments will be a different ball game.

Sydney R. Kestle, Finnegan, Henderson, Farabow, Garrett & Dunner

How do you think LEAP helped you the most?
The LEAP program provided me with excellent training and the opportunity to argue in front of a panel of judges before I might have otherwise been able to. This experience was invaluable, and I feel well equipped to manage a PTAB practice.
What is your advice to other newer practitioners, who are eligible for LEAP?
I would strongly recommend participating in the LEAP program. It offers great training seminars to get practitioners up to speed quickly on PTAB practice. And the LEAP program is a good way for new practitioners to have hands-on experience early on. I am very grateful to the attorneys I work with at Finnegan and our clients for supporting the LEAP program and giving new practitioners opportunities to hone their skills.
Have you participated in any of LEAP’s training opportunities and, if so, what did you gain from them?
I attended a LEAP oral argument training seminar a few years ago. The seminar was held virtually, and it had two attorneys present a mock argument in front of a panel of PTAB judges. It was an excellent opportunity to learn from seasoned PTAB practitioners how to best structure an argument, to learn from PTAB judges what they expect to see during an argument, and to learn how to effectively use demonstratives.