Martina Hufnal, a chemical engineer major and a partner with Fish & Richardson, discusses her path to leadership along with the principles that have guided her career in the often grueling practice of intellectual property litigation.
CCBJ: What (and maybe who) drew you into IP litigation and your role at Fish & Richardson?
Martina Hufnal: In college, I was a chemical engineering major and spent several summers working at an engineering company. One summer, I was given the opportunity to work for a patent agent at the company, and got the chance to help draft patent applications for inventors. That experience turned me towards law school and patent litigation specifically. After law school, I was fortunate to work for one of this country’s premier patent judges, Judge Robinson, in the District Court for the District of Delaware. That role allowed me to see patent litigators in court, review briefs, and analyze the case law in patent law. After a year clerking for Judge Robinson, I knew that patent litigation was exactly the career I wanted. Fish was the perfect place for me since I could do high-stakes patent litigation both in my home state of Delaware and across the country.
You were part of the trial team that won the February 2018 reversal of the largest patent damages award in history – a $2.5 billion verdict against client Gilead Sciences. How has your trial experience informed leadership roles you've taken on in and outside of the firm?
Managing a team of lawyers, particularly a team as large as the one for Gilead, taught me about leadership and mentorship. This was especially true in this case because the jury came back against us and we had to hold the course through post-trial briefing to ultimately prevail. Most importantly, I learned that leading by example is the biggest motivator of all.
As a leader, everyone is looking to you all the time, but even more so in those times when things are hard. I try to keep that in mind in all the leadership roles I take on. No one will follow you unless they see you are motivated, inspired and willing to put in the work. Now, instead of joining every group or participating in every activity, I seek out leadership roles in areas where I am inspired and where I have the ability to put my whole effort into the position. That’s where I can have the most influence.
You and another female litigator at Fish co-led and won a major patent case for Microsoft against a well-known patent assertion entity in D. Del. in 2017. What changes in the legal industry do you see on the horizon that will open doors for more all-women trial teams to lead high profile patent litigation cases?
The changes have to start with law firms retaining women, which is an area where I see real progress. A litigation career is grueling, but it is manageable. And it is critical that we have more women-led or all-women trial teams. First, law firms need to get a critical mass of women into the partnership ranks in litigation roles to serve as mentors. Without women mentors and role models, it will be very difficult to foster the crop of litigators that we need to develop all-women trial teams. The next step is to retain the women associates and make sure they are given the opportunities and tools to succeed. Initiatives such as Next Gen, which includes mentoring and helping women balance both a legal career and a family, are an important part of that process. No woman should have to choose between her career or family if we want to have all-women trial teams.
Fish has invested heavily in cutting edge programs and policies to attract, retain and promote women at the firm. This includes having a flexible culture that does not require face time for success, generous reduced hour policies, top-of-the-market parental leave benefits, and strong support for working mothers and parents. We also have many programs geared towards advancing women in our workplace including our longtime EMPOWER Women’s Initiative and client relationship LEAD program.
I am a walking example of how it can be done. Since joining Fish as a mid-level associate, I have had three children and also risen to full equity principal.
What is your role with Next Gen Lawyers at Fish and why is this work so important to you?
Next Gen is not a marketing tool at Fish, it is a philosophy that we live and breathe every day. Fish has long worked to give younger attorneys opportunities for standup work, and we developed our formal Next Gen program after helping to launch ChIPs Next Gen national initiative. I am the chair of Next Gen Lawyers at Fish and my role is largely to help create opportunities for more junior attorneys – which makes them better lawyers all around and is an investment every firm should be willing to make – and then to showcase those successes. I am also a resource to any junior attorney who wants advice or needs help.
I joined Fish as a fourth-year associate and went to trial six times in my first two years at the firm. I want junior attorneys to have the same fantastic opportunities that I had as I rose through the associate ranks. I feel passionately about junior attorneys becoming more confident and developing their strategic thinking – both of which are direct results of having standup roles.
In addition to a busy career, you've stayed very active in community work. Tell us more about that.
There are many ways lawyers can give back to their communities, and it is just a matter of finding some that fulfill you. I volunteer as a guardian ad litem representing children in foster care in Delaware state court. I take cases of small children or babies and see them through either reunification with a parent or adoption. I am also active in the Federal Bar Association, which coordinates with the bench in the Delaware District Court to put on CLEs and other events between the bench and the bar. This is how I support the Delaware federal legal community, which I care deeply about. Finally, I sit on the Delaware District Court Advisory Committee, where I provide direct assistance to the Delaware District Court, which is also very important to me professionally.
What advice do you give to women who are looking to grow within their firm or law department?
Women in law firms have many hurdles, but there are also many opportunities. I am lucky to work at a firm that truly fosters and promotes women. My advice to women is to not overextend yourself. If you do good work, the work will always be there. If you say “yes” to too many projects or cases, you will either not do your best work or you will burn out. Neither of those are worth the risk just to say yes to another request. Pace yourself. Do your best work and you will rise.
Of course, every law firm is different. But doing good work (and taking credit for it) is universal. At the end of the day, it will be recognized and rewarded. And if it is not, you should consider changing firms. There are many firms that want to support women. Don’t settle for less. My second piece of advice is to also focus on business development. Law firms are businesses, and having clients means having power. Ultimately, that is how you will rise into the partnership ranks.
Published May 16, 2019.
