Intellectual Property

Four Stars, Four Lessons

Whether in football or IP practice, taking lessons from champions is always a worthwhile exercise.

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(Photo by Jim Rogash/Getty Images)

It is Championship Sunday in the NFL, the penultimate set of games in a pandemic-driven season that many thought would never make it this far. I write this before either of the games will have kicked off, so this will not be a column about what the Super Bowl matchup looks like. Instead, I wanted to focus on what makes this weekend’s matchups so compelling — the presence of four star quarterbacks leading their teams, from the biggest winner of all time in Tom Brady, to all-time great and MVP favorite Aaron Rodgers, to defending Super Bowl champion Patrick Mahomes, to the uber-talented and much-improved Josh Allen. Anyone who watches football knows that quarterback is by far the most important position in the game, if not the most difficult position to master in all of sports. And over the course of Sunday, we will be treated to a set of displays featuring the four leading current practitioners of the craft.

The star quarterbacks on display in the championship games this weekend are all at different stages of their careers, but have already demonstrated that they have what it takes to deliver winning results. Each can teach us in their own way something about what achieving and maintaining success requires in any professional endeavor, whether that be football or high-stakes IP litigation.

We can start with Tom Brady, acknowledged by many as the greatest quarterback of all time. Over the past two decades, he has performed at the highest level possible, winning six Super Bowls and playing in twice as many conference championship games as the next closest quarterback, 49ers legend Joe Montana. Given his record of sustained excellence, it can be hard to remember that he was an unheralded recruit to the professional ranks coming out of college, drafted in the sixth round after a nondescript collegiate career at the University of Michigan. Now, he has taken on the challenge of trying to replicate his past success with a new team, in the football equivalent of a leading trial lawyer leaving behind the firm where they had spent decades building their practice to effectively start over with a new firm in the waning years of their career. At a minimum, from Brady we can remind ourselves of the power of self-motivation, the importance of maintaining one’s professional focus at all times, as well as the benefit of taking on late career chances in the pursuit of a successful career capstone.

Next, we have Aaron Rodgers, a longtime star who has spent his entire career with one of the league’s most-storied franchises. While he also has a Super Bowl win and is tied with Brady as a three-time league MVP, Rodgers has had to overcome his fair share of adversity to earn his accolades. As a young quarterback, he faced the challenge of replacing a legendary predecessor — and even this past year (another MVP campaign) he had to deal with the Packers spending a first-round pick on a quarterback who may prove to be his eventual replacement. At the same time, Rodgers is a supreme example of someone with otherworldly talent taking his rightful place at the pinnacle of his profession. His legal equivalent is the highly credentialed understudy who develops into a leading trial lawyer in their own right, carrying forward the legacy and fortunes of their firm. From his example, we should remember the importance of trusting in our abilities and carrying the mantle of leadership for our firms.

Third, we have Patrick Mahomes, the son of a professional baseball player who is off to the greatest start of any quarterback in history. Possessed of supreme physical talent married to preternatural calm and confidence, Mahomes has quickly become synonymous with magnificence. He has already achieved so much, like the young trial lawyer who bursts on the scene with spectacular early victories. The only question going forward is just how great will his career accomplishments be. Since football, like IP litigation, is a team game, a big determinant of the answer will depend on the quality of his surrounding cast and the weapons he is provided. Just like his team has a responsibility to put him in a position for sustained success, so does a firm have a responsibility to its young talent to make sure they have the opportunity and support necessary to build on a hot start.

Finally, we have Josh Allen, the young star of the resurgent Bills. Considered a project, albeit an uber-talented one, coming out of the unheralded Wyoming football program, Allen’s physical abilities have never been in doubt. Blessed with an arm so strong it could double as a medieval catapult, coupled with running ability, the only knock on Allen’s prospects was his inaccuracy. With hard work and coaching, however, Allen has turned into a complete quarterback, reminding us that while talent can take someone so far, it is their ability to overcome their shortcomings that often determines their career ceiling.

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In my view, the IP litigation equivalent of a star quarterback is the lead trial lawyer — upon whose shoulders the success or failure of the client’s investment in taking a dispute all the way to trial rides, along with the responsibility for managing the team of fellow lawyers and support staff necessary to preparing an IP case for trial. As with quarterbacks, the eyes of all are directed to the lead trial lawyers in IP disputes. And like quarterbacks, lead trial lawyers are judged primarily on whether they have led their team (and by extension their client) to victory. Sure, other lawyers and some forgiving clients may appreciate a skillful performance by a trial lawyer in a losing effort. But the goal is always victory, with lead trial lawyers typically very well-compensated and provided with any and all resources necessary to deliver winning results. Whether you are already a lead trial lawyer or aspire to become one, there is something of value that can be learned from each of the quarterbacks highlighted above.

In sum, we have four quarterbacks, four examples of how talent, discipline, professional focus, and hard work are essential ingredients for success. Whether in football or IP practice, taking lessons from champions is always a worthwhile exercise.

Please feel free to send comments or questions to me at gkroub@kskiplaw.com or via Twitter: @gkroub. Any topic suggestions or thoughts are most welcome.

Gaston Kroub lives in Brooklyn and is a founding partner of Kroub, Silbersher & Kolmykov PLLC, an intellectual property litigation boutique, and Markman Advisors LLC, a leading consultancy on patent issues for the investment community. Gaston’s practice focuses on intellectual property litigation and related counseling, with a strong focus on patent matters. You can reach him at gkroub@kskiplaw.com or follow him on Twitter: @gkroub.

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