Private Law Theory

ABSTRACT
This Article presents an empirical study of gender diversity – or, more accurately, the lack thereof – among the lawyers who handle patent cases in the federal courts, focusing on appellate litigation at the Federal Circuit and the Supreme Court. Drawing on two original datasets, the Article finds that, over the past decade, 87.4% of oral arguments in patent appeals at the Federal Circuit have been presented by men. The numbers are similar at the Supreme Court: over the past thirty years, more than 90% of arguments in patent cases have been delivered by male attorneys …

Paul R Gugliuzza and Rachel Rebouché, Gender Inequality in Patent Litigation, 100 North Carolina Law Review 1683 (2022).