Rutgers Law Shines in Inaugural PTAB Moot Court Competition

Rutgers Law School’s newly created Patent Advocacy Team made a remarkable debut in the U.S. Patent and Trademark Office’s (USPTO) first-ever Patent Trial and Appeal Board (PTAB) Moot Court Competition. 3L Caroline Kim and 4LE Jing Kong earned the Best Oral Argument (Patent Owner) Award and finished second overall.

The PTAB Moot Court is a new initiative by the USPTO, designed to give law students the opportunity to hone their advocacy skills in the context of an America Invents Act (AIA) trial-like proceeding. This year, the competition focused on an inter partes review, where the validity and patentability of an issued patent is challenged by a third party.

Participants submitted written briefs from both the petitioner (challenger) and patent owner perspectives. Caroline and Jing were assigned to present oral arguments on behalf of the patent owner in a final-round matchup against Chicago-Kent College of Law. Their exceptional preparation and advocacy earned them a perfect score of 100/100 and the Best Oral Argument award for the patent owner side.

“English isn’t my first language, so I knew I had to work even harder to feel confident in oral argument,” Jing said. “What helped me the most was focusing on the substance—knowing the material thoroughly, understanding the law in depth, and committing to the moot sessions. I’m extremely grateful for the support from Rutgers, as well as the PTAB judges throughout the process.”

The team stood out among 50 participating teams, including those from nationally-ranked law schools such as the University of Michigan Law School, University of California Berkeley School of Law, University of California Los Angeles School of Law, and Georgetown Law.

“I'm incredibly honored to have represented Rutgers in a field of law I'm passionate about, Caroline said. “This wouldn’t have been possible without the amazing coaching and the constant support and teamwork from everyone involved."

Teamwork and Coaching

In addition to the PTAB competition, two members of the Patent Advocacy team competed in the USPTO’s National Patent Application Drafting Competition, a long-running event that emphasizes technical writing and understanding of patent law. 3Ls Harsh Mahajan and Jeffrey Midose represented the school in the Northeast Regional Round in March.

The success of both teams was made possible through the guidance of Adjunct Professor Cory Poker ’18, who coaches the Patent Advocacy Team with assistance from Professor Andrew Rossner, Associate Dean for Professional Skills Education. In addition, Administrative Patent Judge Jennifer Bisk from the PTAB provided valuable insight and advice to the team. Adjunct Professor Stan Tso ’06 also played a vital role in developing the curriculum and training students on the patent prosecution process.

Cory said, “I am extremely proud of Caroline’s and Jing’s performance in the oral argument for the PTAB Moot Court competition. All of their practice and hard work clearly paid off. Their dedication, professionalism, and teamwork throughout the eight months of preparation and competition was outstanding. They have represented Rutgers Law School admirably.”

John Kettle, Director of the Intellectual Property Law Clinic, said, "Having supervised the outstanding work of Caroline and Jing, and that of Harsh and Jeffrey in the Rutgers Intellectual Property Law Clinic, I am extremely proud of, but not surprised by, their success in the patent competitions. It is so gratifying to see their continued accomplishments and their championing of the intellectual property law program at Rutgers Law School.”

Real-World IP Training

In addition to offering students the opportunity to compete in such competitions, Rutgers Law School helps prepare students for the successful practice of intellectual property through its robust course offerings, externship opportunities, law journals, Certificate in Intellectual Property Law, patent bar scholarships, and clinical work.

Dean Rossner added, “The extraordinary achievement of the newly organized Patent Team is a testament to our students, their coaches and Rutgers Law’s successful formula for providing the highest level of practical skills training available for law students.” Through the Patent Team and the competitions, Rutgers Law provides students with real-world opportunities to develop critical skills in patent law, advocacy, and legal writing, while competing and succeeding at the national level.