Virginia Lawyer VA Lawyer April 2019 : Page-38

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GENERAL INTEREST Pilot, with his wife Dr. Sonia Pilot, a clinical psychologist and educator in the District of Columbia school system, who received her doctorate from the University of Virginia. then often sleeping through class during the day — while still making As. “That grocery store should have been shut down for violat-ing child labor laws,” Pilot laughs. “But I was happy to have that job. It seemed like every-one was trying to get a job there.” His work ethic at the grocery store got him promoted to the meat department (“They saw a real future in me as a butcher,” he chuckles), where he no longer worked all night. But the job involved bagging chickens, cutting up beef loins, and cleaning the entire department long after the counter butchers had gone home at 5 p.m. Still, it was better than the all-night stocking job. It seemed crazy to throw away all of that technical train-ing,” he says. “But patent law benefi ts from a degree in the sciences. I learned that many patent lawyers had master’s and PhDs in fi elds such as chemistry, physics, mathematics, and engineering.” Pilot’s math and science scores were good enough in high school for him to enter into a dual degree program in physics and engineering at Virginia Commonwealth University (VCU), run in conjunction with the University of Michigan. At VCU he also wrestled for the school in the 126-lb. weight class, and his uniform remains a source of endless amusement to his son. Pilot went on to obtain his master’s in physics at Hampton University, teaching 200-level physics classes at Hampton and 38 VIRGINIA LAWYER | April 2019 | Vol. 67 | GENERAL INTEREST FEATURES VCU to science and math majors while he did so. But law school still loomed in the back of his mind. “It seemed crazy to throw away all of that technical training,” he says. “But patent law benefi ts from a degree in the sciences. I learned that many patent lawyers had master’s and PhDs in fi elds such as chemistry, physics, mathematics, and engineering.” In law school at William & Mary, Pilot wrote a 3L paper arguing for the patentability of software at a time when the copyright laws provided the primary protection for software. Today, a large number of his fi rm’s clients involve people looking to get an app patented. Despite the tech focus of his work, Pilot keeps a small, folded-up piece of cardboard in his offi ce — the sort that comes on a hot takeout beverage. Sometimes called a “java jacket,” its sole purpose is to keep people who are hold-ing hot beverages from burning their hands, and, of course, it is patented. “We use that simple device to remind us that we are not the judge of marketability, only of patentability,” says Pilot. “We should assume that no idea is too simple or too silly to patent.” Pilot has also found the time to serve on the Virginia State Bar’s Executive Committee and in leadership in a number of other bar associations, including the Alexandria Bar Association, the Old Dominion Bar Association, the American Bar Association, the Black Entertainment & Sports Law Association, and the Washington Area Lawyers for the Arts. At his heart, Pilot remains a science geek and is quick with an answer when asked where physics and the law intersect. “Physics is very analytical. We conduct due diligence for clients considering the purchase of busi-nesses with technology assets and patents. We are never intimidated by the technology. It also helps to understand technology when reviewing and drafting teaming and joint ven-ture agreements for our government contrac-tor clients. Of course, it can be pretty diffi cult trying to get through a patent application without the scientifi c and technical back-ground.” Whether it’s a hydraulic stress monitor or the world’s next java jacket, Pilot, like all good intellectual property attorneys, knows the science behind the law, and the law behind the science. Todd Pilot may be reached at (703) 299-9500 or tpilot@trademarkinstitute.net. www.vsb.org

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