Next up is Dennis Crouch, a patent attorney at McDonnell Boehnen Hulbert & Berghoff LLP in Chicago and author of  Patently Obvious: Patent Law Blog.  Dennis' Five Things:

This is going to sound corny, but the fact is that I absolutely love being a patent attorney. I enjoy talking with inventors.  They are generally smart, quirky and forward thinking.  I get to think about and work with new technology all day and am paid to write. 

I am clearly an optimist and tend to see the good side of any situation.  I actually found it quite difficult when Matt asked me to take part in this 5x5.  What is the bad side of the field I enjoy so much?

1. Law Firm Life: Billing Requirements:  Billing expectations at most large law firms are simply unreasonable.  They disrupt family life and tend to destroy any solid mentoring program.  Today, however, I’m upset with how the long hours spent billing really cramp the ability of associates to begin to build a practice of their own.  The hour requirements were raised after the salary bump several years ago.  Now, there are rumors that another salary jump is in store for BigLaw associates.  In my opinion, rather than increasing associate salaries, firms should compete based on hours.  

2. Law School: Becoming An Attorney:  If you are a scientist or engineer who is thinking of becoming a patent attorney, my advice to you is to broaden your outlook.  When you go to law school, don’t just worry about becoming a patent jockey – rather you are becoming a lawyer.  Learn to think like a lawyer and talk like a lawyer.  Take classes that have nothing to do with patents and make as many friends as you can. (Your classmates will likely refer some of your first clients).  Law school provides a great transition point in life, and there is no requirement that pushes an attorney with an engineering degree into patent law.  Take time to enjoy the freedom. 

3. Technology: Electronic Patent Filing System:  The Patent & Trademark Office (PTO) has taken great measures over the past few years to transform the Patent Office into an electronic office.  However, the electronic filing system for patents still stinks.  A user friendly solution is needed as soon as possible.

4. Patent Litigation: The Expense:  Patent litigation is simply too expensive.  The average case, including those that settle, runs into hundreds of thousands of dollars in legal fees for each side.  Cases that do not settle often cost well over a million dollars to litigate.  This is a major problem.  There are some simple tips that a patentee and patent prosecutor can follow to reduce future litigation costs.  Examples are writing clear and precise claims, summarizing the invention in a way that is accessible to a jury, and conducting regular market surveys to ensure that your patent explicitly covers any technology that you feel is infringing. 

5. Patent Law: Uncertainty of District Court Opinions:  The claims of a patent define its scope.  Almost every patent infringement lawsuit involves arguments over whether claims terms should be given a broad or narrow interpretation.  The problem is that claim construction, like statutory construction, is reviewed de novo by appellate courts.  And, the appellate courts have been reversing cases with fury.  Almost 50% of claim construction cases are overturned on appeal.  Under the current scenario, anyone preparing for patent litigation should prepare for at least one appeal and remand.