
Michael McGurk
Associate
Finnegan, Henderson, Farabow, Garrett & Dunner
Washington, DC

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B.S. - Chemical
Engineering, University of Delaware
J.D. - George
Washington University |
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Patent Attorney |
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"I think science and
law are very similar in that you have a networking of facts and
other variables, and you have to learn how to work through and
come out with the answer you want." |

McGurk:
"Some of what you will end up doing, I think, is unpredictable. You'll
look back 10 years from now and say I would never have guessed. So I
certainly can say the same thing for myself. I never dreamed of being a
patent attorney. I think engineers, quite a few, go on to medical school.
Some go into business. I think it's a great background to have. I think
you can go almost anywhere you want with it. I think the options for
engineers are much more significant than they are for maybe somebody in
another major."
Q:
In terms of your educational background, how did you go from your
undergraduate days to where you are now?
McGurk:
I got my bachelor's in
chemical engineering in 1983. My sophomore year at college, I worked at a
chemical plant as a student chemical engineer. It was at that time I
decided that I didn't want to stay in the practice of hard-core
engineering. I started to evaluate some of my alternatives, and one of
those I had considered previously was going to law school. So, I studied
for the LSAT, took it, and then upon graduation, what I had wanted to do
before I went to law school was work a couple of years. As it turns out, I
got a job with the US Patent and Trademark Office in Washington. I worked
for two years, started law school my second year, and then left there and
went into a private practice firm down in Alexandria, Virginia, while I
was still in school. I then came to Finnegan my last year in school.
Q: How has your chemical
engineering degree helped you as a patent attorney?
McGurk:
It's actually very helpful, in
fact, most people in patent law have to have some sort of a technical
degree, whether it's engineering, chemistry, biochemistry, biotechnology,
computer science, or electrical engineering. In order to become a patent
attorney and pass the patent bar exam-which is a separate bar exam-you
have to have a technical background. I get to use a lot of what I learned
in engineering in my day-to-day practice because of the technologies that
are involved. The chemical technologies require some basic understanding
of chemistry or whatever particular field you're in. So what I enjoy most
about what I do is the fact that I'm able to get involved in the law, but,
at the same time, I'm using some of the scientific background that I have.
Q: Would you illustrate
how your chemical engineering has come into play?
McGurk:
Recently, I worked on a process called cryogenic distillation. That's
basically a low-temperature air separation process. When I got involved in
the project, I immediately recalled some of the things that I did in my
chemical engineering days in school. I didn't remember all the theory and
the mathematical equations and how you get from A to B, but there was
enough of what I recalled involved that I was not only able to assist the
client, but also have a level of understanding so he was not spending an
inordinate amount of time trying to educate me. I was able to go in and
say, `Yeah, I remember a lot of this stuff. You're going to have to help
me out a little bit, but for the most part, I can help you out.' My
principal purpose is to apply the law as I understand it or as it exists,
to the technical facts that I'm given.
Q: How do chemical
engineering and law overlap in terms of the education and thought process
it takes to be a successful lawyer?
McGurk:
When I was applying to law school, I was trying to convince them that they
should let me in. One of the answers I gave was that I thought engineers,
because of their analytical skills and ability to go through a process,
math equation, or chemical reaction, were also able to succeed in law
because there are a lot of analytical requirements in the legal
profession. I think science and law are very similar in that you have a
networking of facts and other variables, and you have to learn how to work
through and come out with the answer you want. In law, that means getting
a case, reading it, finding the facts of the case, determining how the
court applied the law to the facts, and what the outcome was.
Q: How did you find this
job?
McGurk:
I got out of the Patent Office
and was working in a private firm doing patent work, and then I spent a
summer in Chicago. While in Chicago, I knew somebody that was working here
at Finnegan. We talked, and there was a need for somebody with my
background and skills. So I called a partner up at the firm and told him I
was in Chicago for the summer. I told him I was coming back to Washington
to finish up my last year in school, and asked if they would be interested
in hiring me. Ultimately, the answer was yes. I got the job pretty much
over the telephone, although that won't happen today, unfortunately. The
typical process is, you send your resume in and they'll bring you in for a
series of interviews.
Q: Do you only handle
cases that are associated with chemical engineering?
McGurk:
There's not really an easy way
to classify whether something's chemical engineering or not. There's
usually a mixed issue of whether it's mechanical or chemical. I do things
that aren't necessarily chemical engineering or chemistry. I've done
mechanical things. I have a client who manufactures darts and dart boards.
That type of work will get funneled towards the person who is qualified,
and qualifications vary. If it's litigation, it might go to somebody who's
got more litigation experience, and they would seek out the assistance of
somebody with the technical background to help them understand the
technology.
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