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Special Counsel for Intellectual Property Litigation

Job Type: Full time
Company/Firm: Patent and Trademark Office
Location: Alexandria, Arlington
Date posted: 11/12/10
Salary: From $119,554 to $165,300
Job Description:
Job Description (Please follow all instructions carefully)

Job Title: Special Counsel for Intellectual Property Litigation Department: Department Of Commerce Agency: Patent and Trademark Office Job Announcement Number: CS-11-0044-ExRD
Salary Range: $119,554.00 - $165,300.00 /year

Series & Grade: SL-1222

Open Period: Wednesday, November 10, 2010 to Wednesday, November 24, 2010

Position Information: Full-Time Permanent

Duty Locations: 1 vacancy - Alexandria, Arlington & Falls Church, VA

Who May Be Considered: Applications will be accepted from United States Patent and Trademark Office employees only.

Job Summary:

The United States Patent and Trademark Office (USPTO), a cutting-edge organization dealing with intellectual property issues around the world, is seeking a high performing professional to join as theSpecial Counsel for Intellectual Property Litigation.

The incumbent serves as the recognized expert on patent policy and litigation issues for the Solicitor's Office. The incumbent renders legal and policy advice on patent matters through the General Counsel to the Under Secretary and Director of the USPTO, the Solicitor, and other members of the USPTO's senior staff; serves as the Solicitor's Office's liaison with other USPTO business units regarding patent policy and legal issues; coordinates the USPTO's efforts in all district court patent litigation involving the USPTO, including actions brought under 35 U.S.C. § 145, 35 U.S.C. § 146, and the Administrative Procedure Act; handles Federal Circuit appeals in patent cases; reviews briefs to be filed by the Solicitor's Office in patent and disciplinary cases to ensure that the agency's position is consistent, clear, and thoroughly researched; helps prepare attorneys for oral argument; and participates in discussions with Department of Justice attorneys regarding patent and copyright issues that arise in litigation involving the United States Government. Incumbent may also be responsible for special projects, including budgetary, IT, and training issues.

The U.S. Patent and Trademark Office (USPTO) has been serving the economic interests of America for more than 200 years. We are responsible for granting US intellectual property rights for patents and trademarks. Our efforts have provided inventors exclusive rights over their discoveries. It's an effort that continues to contribute to a strong global economy, to encourage investment in innovation and to cultivate an entrepreneurial spirit for the 21st century. The USPTO is headquartered in Alexandria, Virginia, and has over 8,000 employees, including engineers, scientists, attorneys, analysts, IT specialists, etc. all dedicated to accomplishing the USPTO's mission, vision, strategic goals and guiding principles. For more information about the USPTO, please visit our websites at

Major Duties:

The incumbent serves as legal expert for the USPTO on patent and policy issues, and in that capacity may be consulted in connection with positions taken by the USPTO in litigation, rule-making, copyright, patent examination procedures, or legislative efforts. The incumbent will also:

coordinate the Solicitor's Office's efforts in district court litigation involving patents, trademarks, and copyrights;

attend meetings on behalf of the Solicitor;

be prepared to serve as Acting Solicitor in the Solicitor's absence;

draft and review proposed revisions to the patent statutes, rules, and manuals of examining procedure;

work with Department of Justice attorneys on patent and copyright litigation matters;

review briefs to be filed by the Solicitor's Office in patent and disciplinary cases;

advise and conduct training for Associate Solicitors;

have responsibility for budgetary, IT, and training issues;

handle other matters as assigned by the Solicitor or General Counsel.

The incumbent must have a high level of experience and expertise in the following areas:

Patent law, litigation, and policy issues

District court litigation

In addition, the incumbent will serve as a senior advisor to the Associate Solicitors, which includes litigation and review of trademark and copyright matters and legal support to the Office of Enrollment and Discipline (OED).

Level of responsibility

The incumbent works directly for the Office of the Solicitor.

In performing assigned duties and responsibilities, incumbent's professional stature is such that only the most general administrative supervision is received and consequently incumbent operates with a high degree of independence. The scope and importance of programs affected by the incumbent's recommendations and advice, and also the relative role and significance of contributions are of such consequence that little room for error is permissible.

The incumbent works under the administrative supervision of the Solicitor, and performs reviews of briefs and pleadings to ensure they are in conformance with USPTO policy. These briefs represent commitments made by the incumbent, which are final and binding on the USPTO and have a far-reaching effect on USPTO policy and administrative processes, such as the correct procedures before the Federal Courts. The incumbent may be called upon to meet with the Under Secretary and Director in connection with recommended decisions and responses to USPTO cases.


Minimum Education Requirement: Due to the complexity of this position, the incumbent must possess both a technical degree represented by graduation (with a degree in one of the scientific or engineering disciplines) from an accredited college or university, in addition toa degree from a recognized law school and admission to the bar. Applicants must have a LL.B or J.D. degree from an accredited law school program AND must have membership in good standing of the Bar of any state, the District of Columbia, Puerto Rico, or any territorial court under the Constitution.

You must be a U.S. citizen to qualify for this position.

You will need to successfully complete a background security investigation before you can be appointed into this position.How You Will Be Evaluated:

The most preferred candidate has extensive experience in the technical statements noted below. We recommend that your resume packageemphasizes your level of responsibilities, the scope and complexity of programs managed and your accomplishments, including the results of your actions in reference to the following technical qualification statements:

1. Knowledge of IP litigation and preparation of briefs involving complex IP legal issues.

2. Knowledge of the rulemaking process, including knowledge of the statutes and regulations governing the rulemaking process.

3. Ability to oversee and litigate federal court cases on behalf of the USPTO that involve IP matters.

4. Experience in prosecuting and/or examining patent cases, and knowledge of policies affecting patent prosecution and examination.

5. Ability to effectively advise on disciplinary matters involving the Office of Enrollment and Discipline.

Benefits:You may participate in the Federal Employees Health Benefits program, with costs shared with your employer. More info:

Life insurance coverage is provided. More info:

Long-Term Care Insurance is offered and carries into your retirement. More info:

New employees are automatically covered by the Federal Employees Retirement System (FERS). If you are transferring from another agency and covered by CSRS, you may continue in this program. More info:

You will earn annual vacation leave. More info:

You will earn sick leave. More info:

You will be paid for federal holidays that fall within your regularly scheduled tour of duty. More info:

If you use public transportation, part of your transportation costs may be subsidized. Our human resources office can provide additional information on how this program is run.

You can use Health Care Flexible Spending Accounts for expenses that are tax-deductible, but not reimbursed by any other source, including out-of-pocket expenses and non-covered benefits under their FEHB plans. More Info: Information:You must submit all required information by the closing date. If materials are not received, your application will be evaluated solely on the information available and you may not receive full consideration or may not be considered eligible.

The materials you send with your application will not be returned.

Before entering on duty, you will be required to complete a Confidential Financial Disclosure Report, OGE-450. You will need to provide the information annually. How To Apply:

You must submit your application so that it will be received by the closing date of the announcement.

Required Documents: A resume or OF-612, Optional Application for Federal Employment.Copy of most recent performance appraisal (optional).

Note: Please be sure to demonstrate your technical experience as referenced in the 'Qualifications' tab within your resume package.

Please do not bind, tab, or place your application in a notebook.

Carolyn Schad(571)272-7003 TTD#: (800) 828-1120 or Relay System

United States Patent and Trademark Office
Office of Human Resources Elizabeth Townhouse, Suite 1A79
550 Elizabeth Lane
Alexandria, VA 22314

United States Patent and Trademark Office
Mail Stop 171
Office of Human Resources, CS-11-0044-ExRD
P.O. Box 1450
Alexandria, VA 22313-1450


USPTOExecutiveRecruitment@USPTO.GOVElectronic submission must be received by 11:59pm Eastern time on the closing date of the vacancy announcement.

United States Patent and Trademark Office programs are accessible to people with disabilities. This document will be converted to an appropriate alternative form for applicants with disabilities. Requests for this or other assistance and accommodation should be directed to the contact above.




1. Applicants must apply at their own expense; applications mailed in government postage-paid envelopes will not be considered.

2. Applicants must ensure that their complete application is received in the Office of Human Resources no later than the closing date of the vacancy announcement.

3. Applicants must meet all eligibility requirements by the closing date of the vacancy announcement.

4. Applicants must be citizens of the United States

5. Veterans preference is applicable for the SL Positions.

6. If selected, male applicants born after December 31, 1959, must confirm their selective service registration status. Certification forms are available at most Federal agency personnel offices or from the U.S. Office of Personnel Management.

7. Applications will not be returned to applicants.

8. Applicants will receive notification of the outcome of a vacancy announcement as soon as possible after a selection is made.

9. Privacy Act requirements (PL 93-579): the application forms prescribed are used to determine qualification for promotion, reassignment, or employment and are authorized under Title 5, USC sections 3302 and 3360.

10. The Office of Human Resources strongly encourages applicants applying for positions to read the vacancy announcement in its entirety before submitting application materials for this position. If you have any questions or concerns about the application procedure or processes, please contact the individual listed under 'Contact Information.' Failure to follow instructions in the announcementmay result in your application not receiving consideration

Contact Information: Carolyn Schad
Phone: 571-272-7003
Fax: 571-273-7003
TDD: 800-828-1120
Agency Information:
Patent and Trademark Office
Office of Human Resources
550 Elizabeth Lane, 4th Floor
Alexandria, VA 22314
Fax: 571-273-7003

What To Expect Next:Once your complete application is received we will conduct an evaluation of your qualifications and determine your ranking. The most highly qualified candidates will be referred to the hiring manager for further consideration and possible interview. We expect to make a selection within 30 days of the closing date of this announcement. You will be notified of the outcome. EEO Policy Statement:

Reasonable Accommodation Policy Statement:

Veterans Information:

Legal and Regulatory Guidance:

Control Number: 2085088

Necessary Experience: N/A
Contact: Carolyn Schad
Phone: 571-272-7003
Fax: 571-273-7003
TDD: 800-828-1120

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