Posts Tagged: "WilmerHale"

Waxman on the advantage of not being a “Patent Specialist”: Perhaps paradoxically, it seems to me, the advantage in litigation with respect to esoteric areas of the law and technology goes to the generalist. All too often, experts apply all sorts of mental shortcuts in explaining why their view is correct. It’s difficult for anyone with expertise to put herself in the mindset of someone who isn’t, and is approaching the issue as a generalist adjudicator. Even Federal Circuit judges with technical training lack expertise with respect to the vast majority of the kinds of innovation that comes before that court.

All of these accomplishments would be more than enough to fill out a lifetime spent in the law, but upon leaving the Department of Justice, Waxman has become nationally recognized and highly sought after as one of the preeminent appellate attorneys in America. He has also developed a particular niche in the area of patent law and litigation. Simply stated, if you have a patent case before the Supreme Court and you want to win, Waxman will be on your short list of attorneys to call. In fact, he should be right at the top.

The discussion was lively, perhaps even explosive. You could nearly see sparks fly when Chief Judge Rader continued to pepper Seth Waxman with question after question about his opinion on the propriety of parties lobbying the White House in order to obtain a favorable amici brief from the Department of Justice. Rader zeroed in on the slippery slope and obviously is not pleased with the mixing of law and politics, saying: “this is a cause for concern… Politics and law have a divide.” It is indeed troubling that the White House under both President Bush and President Obama have allowed lobbying by parties who seek a favorable DOJ amici brief. Interpretations of the law shouldn’t be for sale, or appear to be for sale to the largest donors.