Member Profile: Jennifer Giordano-Coltart
Jennifer Giordano-Coltart is a patent law attorney and partner at Kilpatrick Townsend & Stockton LLP. As a partner on the firm’s Chemistry and Life Science Team, Jennifer represents clients in the health and life sciences fields. Prior to obtaining her law degree from Duke University, she earned a Ph.D. in molecular biology from Cornell University. Jennifer is a member of the NCBA’s Intellectual Property Law Section. She has served on the section’s council and co-leads the Chemistry and Biotech Committee. In this interview, we spoke with her about how her background in biology informs her legal practice, and what it is like to work with clients who create solutions for problems faced by individuals across the world.
How did you decide to become an attorney?
It was not a straight path to the law for me. When I was a child, everyone was certain I was going to be an attorney, allegedly because I argued so much. As I got older, though, I changed my mind pretty quickly, and most of my education was not focused on the law at all. When I went to university, I was initially focused on health and wellness. I was very active in sports, and I hoped to move into physical therapy or sports medicine. As I progressed through university and was exposed to more and more science classes, my focus really shifted.
I ended up specializing in an honors program focused on molecular genetics. It was not a typical undergraduate experience, in that I can count on one hand the number of fine arts or liberal arts type classes I took. I was very passionate about science and basic research, which I had the opportunity to do in two different research labs. That experience led me to graduate school, where I obtained my doctorate degree.
As with all things, over the course of my degree, I had to think about what I was going to do next. Things have expanded a lot from where they were when I graduated from grad school. At the time, there were two main paths: you went into academics, or you went and got a job at a biotech or a pharmaceutical company working in the lab (“at the bench”), and I really didn’t want to do either.
How did you decide to specialize in patent law?
I say that the universe conspired to lead me to patent law. At the time, my graduate school was very progressive in recognizing they couldn’t just funnel grad students into these two paths, and that there were other things people could do with their scientific training.
There was a panel where the school invited past students who had gone into the law and had become patent agents or patent attorneys, and so I was exposed to patent law that way. There were also students who were more senior to me who were graduating and who had decided to take that path, so speaking with them also helped me understand that was an opportunity that I could pursue. And then on a personal level, my husband, who is also a scientist, had been working with patent attorneys on some of the research he was involved with. He told me about that experience and that he thought I would be amazing at it. So, the idea of becoming a patent attorney entered my consciousness, and I started to explore it. I was able to speak with a few patent attorneys who were connected through one to two degrees of separation and get some additional insight. And with that, I decided to go to law school. Looking back, I went into it with so very little knowledge of the law or what it was to be an attorney. Thankfully, it turned out well!
I don’t think my story in terms of how I decided to become a patent attorney is that different from that of a lot of other patent attorneys, but I expect that it is very different from other attorneys’ stories.
I am still very much a scientist at heart. I saw a patent law practice as a way to stay close to the science and help to move important technologies forward in my own way – to be a part of the solution for problems being faced in the world.
The pandemic is a perfect example of that. The extent to which the pharma and life sciences industries pivoted to focus intensely on diagnostic technology and therapeutic approaches for patients infected with SARS-CoV-2 was truly amazing and inspiring. It is a pretty striking example of how a problem arose and people with the right experience in the field worked to create solutions, and do what needed to be done.
In addition to the drug treatments that helped patients with COVID-19, there was a lot of innovation in rapid testing and high-sensitivity testing that allowed for infections to be detected earlier and more quickly. And, of course, there’s vaccine technology – can’t forget that! But COVID-19 is just one example of a research area that my practice encompasses. There are so many diseases where there is no good treatment, or where patients are being treated and the side effects of the current treatments are a hardship on patients. These are all areas where people are trying to move technology forward to improve things.
I am also very passionate about the environment, which is closely tied to the agricultural industry. This industry is close to the heart of North Carolina; it is a huge part of the history and economy here. The state has been on the map for agricultural research for a long time and even more so in recent years. There are significant challenges in agriculture around producing enough food for a growing world population in increasingly challenging environmental conditions.
Temperatures are shifting, which impacts growing regions, conditions, and timing. There is encroachment of pests into new areas, which can devastate the local plant life. There is also a strong desire for more nutritious food and alternative protein-based products, like plant-based meat products. So, people are trying to address all kinds of problems like, “What if it is hotter out? What if there is less water? What if the growing season is shorter? Or, how do you make heartier plants that can utilize resources as efficiently as possible?” There is also indoor growing, which is another focused area within agriculture, and people are asking questions like, “OK, if we can’t grow outside, can we grow food efficiently inside?” Indoor growing can also bring local food production into places where it wasn’t possible before, which can help address food deserts and touches on certain societal issues.
There are a ton of problems out there that touch people’s daily lives that are health and life science-related, and I wanted to work with the people focused on trying to solve those problems. My role is small in all of this, but I love that I have a role.
With your research experience in genetics and molecular biology, what are some ways that your educational background informs your work at the firm?
It completely feeds my practice. As a patent attorney, I work with a variety of biotechnology and pharmaceutical companies, as well as universities and research institutes, that are developing technologies that are useful in a wide range of technological areas, but primarily in health and agriculture. In my role, I help them to build patent portfolios that protect that technology. I am constantly interacting with their research and with their technology. I need to understand it and discuss in detail with their researchers in order to build a patent portfolio that accurately describes and protects their technology.
I really enjoy being on the front end of developing technologies. By the time a new technology hits the news, it is often something that patent attorneys have been looking at for a number of years – for example, the CRISPR technology for gene editing. Whether it is molecular technology like CRISPR or new therapeutics or treatment strategies for treating COVID, I am constantly being exposed to the work that is being done to solve the problems we are currently facing. That is what inventors and inventions do. It is people thinking about the problem in society at a practical level. There are diseases that need to be treated or treated more effectively. There are difficult challenges facing the world’s agricultural industry that require new approaches and technology to be dealt with. That is what makes me passionate about my practice – I have the opportunity to work with companies that are really trying to make things better in the world.
What are some types of cases or clients you have represented?
I have a number of clients in different technology areas, and I like being exposed to one thing one day, and then switching over and thinking about something else on another day.
Some of my clients are small start-up companies, where it’s often a small team of researchers passionate about a particular technology. They are usually looking for funding to move forward things forward, and they are growing their patent portfolio as an asset to help draw in investment, so every new filing is critical. Some of my clients are past the start-up stage and have got their products on the market. For those clients, we’re often looking at improvements or next generation advances to their technology, and sometimes at new technologies that are in the pipeline. And some of my clients are very large companies with large, sophisticated patent portfolios that are used to help protect their market space.
Most of my work involves working with companies on their patent filings, but another aspect of my practice is licensing or other technology-related agreements. That was something that grew over time for me. I enjoyed being able to watch how something that started in the lab moved forward into the market where it could start making a difference, and often licensing agreements can be a way that happens.
My clients generally fall into three areas: health-related companies, agricultural companies, and universities and research institutes. Most of the technology from the latter is health related.
My health-related clients are pharmaceutical companies and life science companies. The pharmaceutical companies are focused on developing therapeutics in some way for the benefit of human health. These include new drugs and new ways to use existing drugs, gene and cellular therapies and vaccines. The health-related life science companies have a range of technologies that are also focused on improving human health. For example, I have clients that develop tissue-based products that are used in reconstructive surgeries. I also have clients developing new diagnostic testing technology, such as biomarkers that are used in personalized medicine and imaging technology for assessing tissue biopsy samples.
In the agrobusiness space, I represent a variety of different companies. For example, some are developing new types of products that can be applied to crops to help them use resources better or better resist pests. Some companies are developing new crops that will be better able to deal with environmental challenges, particularly with the progression of climate change. Some are developing alternative pest products that are used by consumers and business. I also work with several clients working on improving animal health, developing technologies that treat diseases in animals or otherwise improve their health, or improve breeding strategies. As co-leader of the firm’s Agribusiness and Food Industry team, I also work to make connections between our different practice areas to assist clients in these industries.
Describe your involvement with the NCBA.
I am a member of the Intellectual Property Law Section. I have been involved with the section about a decade now. Initially, I helped out as a member on various committees. For the last several years, I have co-led the Chemistry and Biotech Committee. I also served a council member for a term.
I enjoy having the opportunity to see other IP practitioners in the state. There is a great community of IP law attorneys in the state. It is far smaller than in the largest IP areas in the country (the Bay Area and Boston), but it is a solid community of experienced practitioners. The Triangle, in particular, is definitely “on the map” as a research area and for its IP attorneys. Through the IP Law Section, I get to interact with its members. It is really nice to have the opportunity to see people over and over again at meetings and events and build relationships with them.
How has your practice changed following the pandemic?
I am very lucky that my practice did not change very much. When the pandemic hit in 2020, we transitioned to being basically completely virtual across our entire firm in a week. It was amazing. But it truly did not have much of an impact on my day-to-day practice: I went from working onsite in the CapTrust building to my home office. I was very used to working with people remotely – I work extensively with people across many of my firm’s offices. In addition, I represent clients across the country as well as in Europe. The main change has been having a camera on for conversations, which, if anything, made the personal connections stronger.
What advice would you give to a law student who is interested in becoming an intellectual property law attorney?
For people who have patent law in mind, in most instances they’ll need to have some type of technical degree. To file and prosecute patent applications, you need to be registered to practice before the U.S. Patent and Trademark Office (USPTO). This involves taking the patent bar. To qualify to take the patent bar, you need a bachelor’s degree in particular fields of science or engineering. The general advice is to take the patent exam during law school, before you have to try balancing your practice with studying.
For students interested in patent law and litigation, you do not need to be a registered patent practitioner with the USPTO, although having a technical background is often helpful. Patent litigations are complicated and handled by teams of attorneys with different roles, some more technical than others. The opportunity to work on patent litigation matters will depend on how the firm assembles its litigation team.
So, for law students who have the required technical background, they should be asking what type of practice they want to have. Are they interested in becoming a patent litigator, or would having a practice more focused in patent prosecution be a better fit? The type of firm you work at can influence the type of practice you have. If you join a patent boutique, it may be focused primarily on litigation, or it could be a boutique that is focused primarily on patent prosecution – “prep and pros,” as it’s called. That was a factor in deciding what I was going to do in my career: what type of firm I was going to join, what breadth I wanted in my practice, etc.
For law students without a technical background, there are other areas of intellectual property law and adjacent fields that they could focus on. For example, while my practice is primarily focused on patent law, I also regularly assess trade secret and licensing issues, neither of which require a technical background. Trade secrets is generally a counseling and litigation type practice, while licensing is a subset of corporate work. While not patent law, these areas of law are often closely tied to innovation. Other areas of intellectual property law are trademarks and copyrights.
What are your interests outside of the office?
It has shifted over time. Currently, my interests are largely focused on trying to combat the extent to which I sit at a computer. I work out regularly – mainly lifting weights but also try to get some walking in. I also recently started reading for pleasure as another type of diversion. I was a voracious reader as a child and up until law school, but largely stopped at that point. From speaking with others, it seems like this may not be uncommon for a lot of attorneys. I started doing so again recently, and it has been wonderful.
I pushed myself a bit to do this, inspired by a recent CLE course that discussed the importance of having something outside yourself as an attorney, beyond your practice, to have a focus on, because it is so common in the legal profession that being a lawyer is what defines what and who you are. Reconnecting with literature again has had an aspect of rediscovering bits of who I was before the law.
Do you have a favorite book that you’ve read?
“Circe,” by Madeline Miller, is the most recent book I’ve loved. I was a huge classics fan, and it was an area I studied a bit in university. Circe is a character in Homer’s The Odyssey. This book is a reimagining of various mythological tales within the story of this character.
Jessica Junqueira is communications manager for the North Carolina Bar Association.