ARTICLE
Patent litigation remains an active area of the lateral partner market, but the partners law firms most want to hire are in short supply. In this article, Stacey Breen explains why firms are competing for patent litigators with technical credibility, first-chair experience, portable client relationships, and the platform fit needed to build durable practices.
Patent litigation remains one of the more active areas of the lateral partner market. In my work with patent litigation partners and teams, I hear a consistent message from firms: they want to grow, but the lawyers they most want to hire are in short supply.
There are plenty of lawyers who work on patent cases. There are far fewer partners who can lead high-stakes disputes, manage technical experts, command the confidence of sophisticated clients, and make complicated technology understandable to a judge or jury. Add a portable practice and meaningful first-chair experience, and the pool becomes smaller still.
That scarcity is the real story behind the demand.
Companies continue to invest heavily in semiconductors, artificial intelligence, life sciences, pharmaceuticals, medical devices, and other technologies where a small number of patents can protect an extraordinarily valuable product or platform. With so much at stake, clients want proven lawyers leading these disputes, and firms want those lawyers on their teams.
When a firm tells me it wants to hire a patent litigator, the conversation quickly becomes more specific.
Is the firm looking for someone who can lead significant trials? Does it need someone with an electrical engineering or computer science background? Is the priority district court litigation, PTAB proceedings, ITC investigations, or a combination of the three? Does the firm want a partner with an established book of business and a team, or the ability to build around an existing practice?
The strongest candidates tend to check multiple boxes. They bring technical credibility, but they can also develop business, lead matters, work effectively with experts, and communicate clearly with clients. Technical credentials may help open the door, but firms are hiring partners, not résumés.
Trial experience remains especially valuable. Many patent litigators have worked on important cases, but the number with meaningful first-chair experience is much smaller. Firms understand the difference, and they recruit accordingly.
They are also looking beyond individual partners. A well-established team can give a firm immediate depth, broader technical coverage, and a credible way to compete for larger matters. For many firms, acquiring a functioning team is more compelling than trying to build a practice one lateral at a time.
Of course, calling a group a “team” does not necessarily make it one. Firms want to know who owns the client relationships, how the work is shared, whether associates are likely to move, and whether the group can operate successfully on the new platform.
The greatest demand remains concentrated in advanced technology and life sciences.
On the technology side, AI is part of the picture, but I would not overstate it. Many of the most visible AI disputes today involve copyright, training data, and trade secrets rather than patent claims. What AI is doing, however, is accelerating innovation in industries that already produce substantial patent litigation. It is also increasing demand for lawyers who can quickly get up to speed on emerging technologies and explain them without making everyone else in the room feel as though they need an advanced degree.
Life sciences, pharmaceuticals, and medical devices remain equally active. Patent protection is often central to the value of a drug, biologic, device, or related technology. Lawyers who can combine scientific knowledge with courtroom experience and strong client-development skills remain particularly difficult to find and highly attractive to firms.
This is where the recruiting analysis becomes more complicated.
A significant book of business matters, but the headline number does not tell the whole story. Firms want to understand where the work comes from, how strong the partner’s relationships really are, whether the clients are likely to follow, and whether the practice fits the firm’s rates and broader strategy.
Then there are conflicts.
A partner may have an excellent practice on paper, but if the new firm represents competitors or adverse parties, a meaningful portion of that practice may not be able to move. In patent litigation, where firms may have relationships across several sides of the same industry, conflicts can turn an obvious fit into a nonstarter. Those questions need to be addressed early.
Platform fit matters just as much to the partner. The strongest candidates usually have choices. They are looking at whether a prospective firm has the right associate bench, technical depth, trial capabilities, geographic reach, rate structure, and institutional relationships to support their clients and help the practice grow.
Prestige may start the conversation, but it will not sustain it if the platform does not serve the clients.
The analysis becomes even more important with teams. A successful group move requires more than an attractive offer for the lead partner. The new firm needs to support the clients, integrate the lawyers, and provide a credible long-term path for the group. If those pieces do not line up, the move may look better in the press release than it does six months later.
I do not expect competition for experienced patent litigation partners and teams to ease anytime soon. Firms want lawyers who can handle sophisticated disputes, bring trusted client relationships, and help build durable practices. There simply are not many partners who offer the full package.
The firms that tend to succeed are clear about what they want to build, realistic about conflicts and economics, and prepared to move when the right opportunity appears.
The same is true for candidates. A successful lateral move is not simply about finding a firm that wants the practice. It is about finding the platform where the clients, conflicts, economics, and long-term strategy line up.
That alignment is not always easy to find. When it is there, however, both the partner and the firm usually know it.