We were thrilled to catch up with Drew Needham, a 2021 graduate and Associate at Arnold & Porter in their Intellectual Property Law practice. Drew specializes in IP litigation in federal courts and before the Patent Trial and Appeal Board (PTAB). His work covers areas like consumer electronics, telecommunications, integrated circuits, software, mechanical design, medical devices, and pharmaceuticals. Drew's journey has been unique: from performing as Testudo (the University of Maryland mascot), to representing students as the Student Regent on the USM Board of Regents, to clerking for the Patent Trial and Appeal Board (PTAB). It’s clear that his path has been full of diverse and impactful roles, and there’s no telling what’s next.
Can you trace your path after graduating to ending up at Arnold & Porter?
I graduated from Maryland Carey Law in 2021 while we were still fully remote due to the Covid-19 pandemic. I was fortunate enough to have secured a federal clerkship at the Patent Trial and Appeal Board that started in October of 2022. This was a fantastic opportunity for me to further develop my understanding of intellectual property law and my abilities as a new legal practitioner. The PTAB clerkship was a bit different than traditional clerkships in that the clerks are assigned to three primary judges that we would work closely with instead of just a single judge. Additionally, the clerks often worked on matters for the Chief Judge, Vice Chief Judges, and the Director of the USPTO.
One of the judges I clerked for ended up taking a position at Arnold & Porter during my clerkship. She and I had worked very well together and continued to discuss what I planned to do after the clerkship. She recommended me for an interview that resulted in an offer to start as an associate in the DC office after my clerkship.
Everything I had heard about Arnold & Porter sounded like it would be a perfect fit for me; so much so that I accepted the offer without hesitation. I could not be happier to have ended up at a firm like Arnold & Porter. The people that I work with are fantastic and the firm has cultivated a great culture.
Why did you choose Maryland Carey Law?
Maryland Carey Law was always a top choice for me. I knew that I wanted to stay local for law school because of the connection I already had to our state and local community. I had graduated from the University of Maryland College Park in 2013 and continued working for the university after graduation. When I applied to law school, I was employed as a faculty researcher in the Department of Biology at UMCP and managing a research laboratory. Additionally, my fiancée at the time (now my wife) was about to graduate from University of Maryland’s School of Pharmacy, which is just a couple of blocks from the law school. All of that made Maryland Carey Law a natural fit for me.
Were you a graduate of the Intellectual Property Law track? If so, why did you choose to join the Track?
Yes, I am a graduate of the IP Law track. One of the reasons I attended law school was to pursue a career that would allow me to integrate my background as a scientific researcher into a career as an attorney. As such, intellectual property law – especially patent law – was a natural fit for my interests. I also recognized that many of the most important issues facing our society similarly converged in this intersection between science, intellectual property, and the law. By completing the Intellectual Property Law track, I hoped to be well-equipped to work toward addressing those issues in my career.
You’ve had such an interesting career, Testudo mascot, USM Student Regent, how do you get in the position to even be considered, much less win, all of these honors/positions?
I have been quite fortunate to have had the opportunities to serve in some unique and rewarding positions over the years. I think my former roles as the mascot for University of Maryland (“Testudo”) while I was an undergraduate and as the Student Regent for the USM Board of Regents during law school have been rooted in a few core motivations that have inspired a lot of what I have done in my life.
Both of those roles resonated with my deep desire to be a representative and advocate for my community. As a mascot, I was a symbol of a student body and the collective pride of our passionate fanbase. As the Student Regent, I was able to serve as the representative of the 170,000+ students in the University System of Maryland and ensure that their voices were being heard and their thoughts were being effectively “re-presented” to my fellow Board members.
In both of those roles, I was incredibly honored to have had the opportunity to serve those I was representing. I think it is that same desire to be a representative and advocate for others that attracted me to being an attorney. As an attorney, I am similarly able to draw on my prior experiences as a “zealous advocate” for those that I represent now.
During law school, you said you had your eye on public office, is that still in play?
I have long been driven by a desire to represent others and be an effective advocate for those I represent. An interest in public policy and public service were actually two of the things that first inspired me to go to law school.
During my clerkship at the PTAB, I had the opportunity to work closely with USPTO Director Kathi Vidal on a few policy-oriented special projects related to intellectual property and a variety of emerging issues. This was very rewarding work and something that I could see myself being involved in more in the future.
As for public office, it has always been something that I have considered and part of me is definitely drawn to it. If I ever did decide to pursue it, it would be an incredible honor to represent others and shape the public policy affecting our lives in such a direct way. However, for now, it is very rewarding and fulfilling to represent my clients and contribute to our jurisprudence through my work as an attorney.
What do you feel were the most valuable aspects of your time at Maryland Carey Law?
Graduating from Maryland Carey Law has been instrumental and invaluable in my career thus far. Not only did it provide me with a fantastic legal education (both in and out of the classroom), but it also introduced me to a wonderful and diverse network of peers and other legal practitioners. Both of these have served me well so far and I know they will continue to do so in the future.
I think one of the most valuable aspects of my time at Maryland Carey Law was the atmosphere that encouraged discourse, discussion, and intellectual curiosity. Being able to openly discuss ideas and theories with my classmates and professors helped to hone my critical thinking skills and led to a deeper understanding of legal concepts and principles.
Was there a specific person or memory that you remember that made your time at Carey Law special?
More than anything, I would have to say my fellow students. We had a really great cohort of students that got along very well and it seemed like everyone was generally very open and willing to help each other and work together. This was especially significant given that we went fully remote during the spring semester of my 2L year due to COVID and spent the entirety of our 3L year fully remote. Even our graduation ceremony, bar exam, and bar admission ceremony were all done virtually. These were unique and challenging circumstances that our class faced. Fortunately, due to our great sense of community and camaraderie, everyone really banded together to face these challenges.
Can you comment on some of your work before doing patent litigation and why a course such as our new Patent Office Litigation Bootcamp might be useful?
I think a patent litigation bootcamp is an incredibly useful opportunity for any student, especially those interested in being involved in patent litigation during their career. Patent litigation is a very unique area of the law where you have to grapple with complex technical questions all within the confines of the laws and legal principles of patent law.
Obviously, one needs to lay a foundation learning the laws and principles of patent law in an academic setting. However, there are a lot of key aspects that one can only learn through practice. For example, determining whether a claim would have been obvious in view of the prior art involves more than just looking at what was disclosed in different references. One of the concepts that new practitioners can struggle with is whether a person of ordinary skill in the art would have had a motivation to combine those disclosures in the manner that is claimed. I know from my time at the PTAB that this is something that even seasoned practitioners and judges can wrestle with and disagree on. I think practical experience is critical to developing one’s abilities in this area.
I also think that a practical course like that is useful because it gives students an idea of how to effectively advocate. One of the things I learned from my clerkship and from my time in private practice is how to effectively frame one’s arguments and tailor one’s approach in an appropriate manner. By offering a course like this to students, it gives them an opportunity to get a head start on developing skills that will be useful when they begin practicing.
Any advice for current students?
I think there are a few things that current students should always keep in mind.
First of all, be your own biggest fan and supporter; advocate for yourself! Law school and a legal career will always present challenges and obstacles that you will have to face. However, the fact that you have gotten as far as you have means that you have what it takes to continue to succeed.
Second, don’t miss out on the opportunity to try new and interesting courses and experiences while you are in law school. Now is the perfect time to broaden your horizons and learn about a subject that interest you or piques your curiosity.
Third, connect with your other students and develop these relationships and your professional network. This will continue to benefit you after law school and throughout your career.