Rachel Rebouché, Paul Gugliuzza, and Jordana Goodman: The Intersection of Race and Gender in Patent Litigation

Sidebars

For our first episode of Season Four, Partner April Isaacson is joined by Jordana Goodman and returning guests, Paul Gugliuzza and Rachel Rebouché. The trio discuss their groundbreaking article, “Inequality on Appeal: The Intersection of Race and Gender in Patent Litigation,” which showcases the on-going racial and gender disparities in the legal profession, particularly in the high-stakes world of appellate patent litigation.
The professors present the findings from their hand-coded, first-of-its-kind dataset, revealing that despite increasing diversity among law students and lawyers, a lack of diversity persists at the legal profession’s highest levels. Of the 6,000-plus oral arguments presented to the Federal Circuit in patent cases from 2010 through 2019, 93% were delivered by white attorneys, with white male attorneys alone arguing 82% of patent cases. In contrast, women of color argued fewer than 2% of cases.
Interestingly, the disparities found bear no correlation to attorney performance.
Jordana, Paul, and Rachel identify areas of patent practice where women, people of color, and women of color are more visible—most notably, in representing the federal government in patent appeals—and examine the reasons that there is not the same level of disparity as in private practice. They explore potential solutions to address these inequities, such as mentorship and sponsorship, particularly for junior associates, and the need for law firms to establish standards for promotion and professional development. They also discuss the role of programs that aim to increase diversity and the need for these initiatives to be data-backed and effective.
This episode provides a compelling call to action for the legal profession to address the systemic issues causing racial and gender disparities. The professors urge law firms to make data-backed efforts to improve diversity and inclusion, emphasizing that the problem is not specific to patent law but is a broader issue in the legal profession and the corporate world in general.
Resources:

• Inequality on Appeal: The Intersection of Race and Gender in Patent Litigation
• Gender Inequality in Patent Litigation
• @TempleLaw
• @RRebouche

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**The opinions expressed are those of the attorneys and do not necessarily reflect the views of the firm or its clients. This podcast is for general information purposes and is not intended to be and should not be taken as legal advice.