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Crossing borders
comes naturally to Edwin Flores. A citizen of both Mexico
and the United States, Flores first earned a Ph.D. in
molecular immunobiology from Washington University before
entering law school. He now works in the middle of the
complex world of intellectual property as it pertains
to biotechnology.
That intellectual-property attorney Edwin
Flores relishes his bicultural upbringing is patently
true. Born in Mexico City 39 years ago to an American
mother and a Mexican father (who was the first Mexican
citizen to have a Ph.D. in nuclear physics), the lawyer
and trained scientist has been finding and fusing dualities
all his life. The results are remarkable.
"Since the first day I remember,"
says Flores of his two-culture childhood, "I spoke
English to my mom and Spanish to my dad, but ours was
essentially an English-speaking home." Explaining
that a person cannot truly perceive a society without
knowing its language, Flores says: "My wife, Jesica,
is from Mexico, too, and is half-and-half like me. We're
doing the inverse—raising our daughters in a Spanish-speaking
home in the United States. They are fluent in both languages.”
"I can be an example to my family,"
says Flores, who is a citizen of both Mexico and the
United States. "I can demonstrate the benefit one
derives from being not only bilingual but, as a result,
bicultural as well. Certainly there are ways in which
both of my cultures are extremely intolerant. I've heard
people of both my countries say things I thought were
completely out of line. But understanding and experiencing
the differences in people has given me a heightened
awareness that I have choices about the way I am and
about everything I do. And the same will be true for
my daughters."
Many of Flores' choices are driven by
his passion for complexity and challenge. As an undergraduate
at the University of Texas at Austin, he signed up for
an advanced course in immunology and reveled in the
ensuing contest. "I struggled greatly in that class—and
that's what appealed to me about the subject!"
Flores prevailed, of course, and ultimately
applied to and was accepted by a raft of graduate schools
with "great immunology programs." When he
asked a Caltech-trained professor at UT-Austin which
one he ought to pick, "she didn't even hesitate"
before recommending Washington University's School of
Medicine. Indeed, the names of WU professors had been
leaping from his textbook: "Emil Unanue (Mallinckrodt
Professor of Pathology and Immunology, and head of the
Department of Pathology and Immunology); Robert Schreiber
(Alumni Professor of Pathology and Immunology); Paul
Allen (Robert L. Kroc Professor of Pathology); Judith
Kapp; Dennis Loh; Stanley Korsmeyer (former professor
of internal medicine and pathology)—it was just
a who's who of immunologists."
As a Ph.D. student with the late Matthew
L. Thomas, Flores cloned, expressed, localized, and
described the biochemistry of novel anti-cancer-causing
genes, and published five scientific papers in the journals
Molecular and Cellular Biology, Chemical Immunology,
Progress in Immunology, and Immunogenetics. Then, halfway
through this "very, very challenging" work,
he began to consider "an even greater challenge":
working at the intersection of science and law as an
intellectual-property attorney.
In 1993, the fully credentialed molecular
immunobiologist became a scientific adviser with the
law firm Arnold, White & Durkee, in Austin. The
next year he enrolled at the University of Texas School
of Law, where he was chief articles editor of the Texas
Intellectual Property Law Journal and president of the
Texas Intellectual Property Law Society before earning
the J.D. degree in 1996. Perhaps because he was accustomed
to encompassing two cultural worlds, Flores had no difficulty
"understanding two completely different ways of
thinking"—like a scientist and like a lawyer—in
his new field.
All forms of intellectual property—products
of the mind that are actualized in some tangible form
or in a methodology, composition, or process, plus the
goodwill that comes from the use of a product or service—are
very real assets, Flores explains. The intangible property
exists for varying lengths of time as trade secrets
that are valuable because they provide a competitive
advantage in the marketplace. But because intellectual
property must be publicly disclosed to be used, one
of three legal safeguards protect it when it is no longer
secret: a patent, which accounts for 80 percent of intellectual-property
law; a trademark; or a copyright.
The field is booming today, Flores says,
because intellectual property is so valuable and because
since the 1980s patents have been more consistently
enforceable. And rapid advances in science and technology
mean that a rising sea of work is teeming with new and
highly sophisticated issues to be considered during
patent negotiation and writing, litigation, and more.
Flores helps take discoveries to the marketplace in
areas ranging from molecular biology, biological screening
assays, and bioinformatics, to software and semiconductor
processing and packaging, and with products that include
proteins for vaccines, anti-cancer drugs, molecules
that interfere with enzyme action, and DNA units that
transfer genetic material between cells. Current clients
include the University of Texas system, Baylor College
of Medicine, Pharmacia, SP Pharmaceuticals, and clients
in Mexico and Venezuela.
Each week Flores receives calls from headhunters
offering jobs in established companies, start-up firms,
and large pharmaceutical houses from Boston to the San
Diego-Palo Alto (California) research triangle. But
for now, at least, he is in exactly the position he
wants, at Dallas-based Chalker Flores LLP. When he was
still in law school, he explains, he sought a place
to build a practice without working under a senior attorney
in the same area. The arrangement was highly unusual
at entry level, but a small intellectual-property boutique,
Warren & Perez, met his terms—and later merged
with the medium-sized firm Gardere Wynne. Then Flores
branched out to start his own firm.
On top of his sweeping professional responsibilities,
Flores satisfies his intellectual curiosity and serves
his peers by publishing legal papers about "interesting
questions that haven't been answered" or about
gaps he spots in the law. Issues he has explored in
his crystalline prose include the Genetic Privacy Act;
practitioners' and clients' options before and after
peer review; practicing law before the U.S. Patent and
Trademark Office; and patent prosecution in Mexico.
("You know, we might learn from it," he says.)
"I'm having a great time," he
says happily. "It's a wonderful era in which to
be a patent attorney. And my pedigree, in a sense, is
everything. Attending Washington University School of
Medicine was invaluable. I collaborated with labs in
every discipline. Students not only receive a superb
education and the strongest possible faculty support,
they have access to the best equipment and finest investigators
in the world. They have the critical mass. Even the
outside speakers—all major names in their fields—who
were part of our regular weekly immunology speakers
program met with students for at least a couple of hours.
"I have benefited so much from my experience there,"
Flores says. "It was just such a great exposure
to science."
Judy H. Watts is a free-lance writer based
in Santa Barbara, California, and a former editor of
this magazine.
To contact Edwin Flores, please
e-mail: eflores@chalkerflores.com.
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