Anonymous User wrote:I will be joining an IP boutique in August where I will primarily be doing prosecution. However, I hope to transition to patent litigation either at my current firm (has a small litigation practice) or at another firm in a year or two. Do you know if firms are willing to take on laterals who have only worked on prosecution matters but would like to transition to patent litigation? Are GP firms different than big IP shops like fish/finnegan when it comes to hiring young laterals who have done prosecution but have no real litigation experience?
Don't worry. You'll be fine.
The only exception will be the lit-only GP pat-lit groups, where there'll be a rebuttable presumption that you can handle litigation - rebuttable of course by crappy work. But even they will be glad to have you on the team. Someone's gotta go through the file.
Bottomline, patent "litigation" is all about the patent (spec, claims), the phosita, the file history, etc. Most of this is technically heavy, legally lite. Then you apply substantive Fed. Cir. patent law to whatever's going on in an instant case, and that's about it. A lot of it is jockeying over what claims mean, what was disclaimed, etc., and to successfully do that you really need to dive deep into the technology.