Fed Circuit clerkships

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Anonymous User
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Fed Circuit clerkships

Postby Anonymous User » Sun Sep 16, 2012 9:53 am

currently a 2L
are these more competitive than other clerkships? science background needed? top grades?
at a recent cb, this was brought up and how it might be a good opportunity, so now im just trying to gather some info

Anonymous User
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Re: Fed Circuit clerkships

Postby Anonymous User » Sun Sep 16, 2012 12:53 pm

Anonymous User wrote:currently a 2L
are these more competitive than other clerkships? science background needed? top grades?
at a recent cb, this was brought up and how it might be a good opportunity, so now im just trying to gather some info


I have a Fed Cir clerkship. I wouldn't say they're more competitive than other clerkships, but to some extent you need a different set of qualifications than other clerkships. Here are some things that matter to Fed Cir judges:

-prior district court clerkship (a big plus with a lot of judges)
-law firm patent lit work experience (often good to have 2-3 years)
-grades (Fed Cir is often less picky than other COA clerkships, as long as you have the other credentials)
-science background (not completely necessary, but a plus if you have it; at least show some interest/proficiency in some technical discipline)
-good recommendations from well-regarded IP scholars can be huge (think Peter Menell or Mark Lemley)
-fit: at the end of the day, I've seen otherwise strong candidates not get a Fed Cir clerkship bc they didn't fit well with the judge's/chambers' personality. The interview matters.

One thing that matters less to Fed Cir judges than other COA judges is school prestige. Some Fed Cir judges are perfectly happy to take someone from lower T1/T2 if they meet all the other qualifications.

ClerkAnon
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Re: Fed Circuit clerkships

Postby ClerkAnon » Sun Sep 16, 2012 8:29 pm

In addition to everything the previous poster said, I noticed at my firm that IP litigation associates who wanted to clerk on the Federal Circuit worked to develop relationships with partners and senior associates who were former Federal Circuit clerks. The senior attorneys were then willing to call their judges and recommend the associates when the time came to apply. It's a bit unique to the Federal Circuit that IP associates who want to clerk there can be open about the fact that they are applying, at many firms. Because it's a great credential for people in that field, many firms are very supportive, in the hope they can lure the associates back after their clerkships.

quakpond
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Re: Fed Circuit clerkships

Postby quakpond » Mon Sep 17, 2012 11:46 pm

Is it possible to clerk for the federal circuit right out of law school? From what I hear, it almost always requires some work experience. Is that true?

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Re: Fed Circuit clerkships

Postby Anonymous User » Tue Sep 18, 2012 12:01 am

Judge Dyk hires straight out, but I don't think any other Fed. Cir. judges typically do.

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Re: Fed Circuit clerkships

Postby Anonymous User » Tue Sep 18, 2012 4:56 am

Anonymous User wrote:Judge Dyk hires straight out, but I don't think any other Fed. Cir. judges typically do.


Credited. Besides Judge Dyk, the closest you can get to clerking on the Fed Cir straight out of law school is by getting a district court clerkship first and then going to the Fed Cir. At least this way you don't work at a firm before clerking (although a lot of people prefer to work first).

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Re: Fed Circuit clerkships

Postby Anonymous User » Tue Dec 18, 2012 7:54 pm

Anonymous User wrote:
Anonymous User wrote:Judge Dyk hires straight out, but I don't think any other Fed. Cir. judges typically do.


Credited. Besides Judge Dyk, the closest you can get to clerking on the Fed Cir straight out of law school is by getting a district court clerkship first and then going to the Fed Cir. At least this way you don't work at a firm before clerking (although a lot of people prefer to work first).

Yeah I have a friend who graduated law school in 2012, is presently clerking on a district court, and will clerk on the federal circuit (not dyk) next year. You could get a job straight out with Bryson too, I think, but he's taking senior status in 2013 so that's out.

Fed. Cir. clerkships are useless for anything but patent litigation. So you better be one million percent sure you want to do patent lit.

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Re: Fed Circuit clerkships

Postby Anonymous User » Tue Dec 18, 2012 8:41 pm

Anonymous User wrote:
Anonymous User wrote:
Anonymous User wrote:Judge Dyk hires straight out, but I don't think any other Fed. Cir. judges typically do.


Credited. Besides Judge Dyk, the closest you can get to clerking on the Fed Cir straight out of law school is by getting a district court clerkship first and then going to the Fed Cir. At least this way you don't work at a firm before clerking (although a lot of people prefer to work first).

Yeah I have a friend who graduated law school in 2012, is presently clerking on a district court, and will clerk on the federal circuit (not dyk) next year. You could get a job straight out with Bryson too, I think, but he's taking senior status in 2013 so that's out.

Fed. Cir. clerkships are useless for anything but patent litigation. So you better be one million percent sure you want to do patent lit.


Funny enough, quite a few, maybe half, of my judges former clerks are not doing patent work, including some very recent clerks.

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Re: Fed Circuit clerkships

Postby Anonymous User » Tue Dec 18, 2012 8:55 pm

Anonymous User wrote:
Anonymous User wrote:
Anonymous User wrote:
Anonymous User wrote:Judge Dyk hires straight out, but I don't think any other Fed. Cir. judges typically do.


Credited. Besides Judge Dyk, the closest you can get to clerking on the Fed Cir straight out of law school is by getting a district court clerkship first and then going to the Fed Cir. At least this way you don't work at a firm before clerking (although a lot of people prefer to work first).

Yeah I have a friend who graduated law school in 2012, is presently clerking on a district court, and will clerk on the federal circuit (not dyk) next year. You could get a job straight out with Bryson too, I think, but he's taking senior status in 2013 so that's out.

Fed. Cir. clerkships are useless for anything but patent litigation. So you better be one million percent sure you want to do patent lit.


Funny enough, quite a few, maybe half, of my judges former clerks are not doing patent work, including some very recent clerks.

Yes. Them wasting a year or possibly two of their life is indeed funny. Much like some corporate associates I know who spent a year or two clerking in SDNY. Funny choices.

It's much better to do a regional circuit clerkship than the Fed. Cir. if you want to do general commercial litigation or anything else unrelated to patent work. I'd take a district court clerkship over Fed. Cir. if you're not interested in patent litigation.

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Re: Fed Circuit clerkships

Postby Anonymous User » Tue Dec 18, 2012 9:06 pm

Anonymous User wrote:Yes. Them wasting a year or possibly two of their life is indeed funny. Much like some corporate associates I know who spent a year or two clerking in SDNY. Funny choices.

It's much better to do a regional circuit clerkship than the Fed. Cir. if you want to do general commercial litigation or anything else unrelated to patent work. I'd take a district court clerkship over Fed. Cir. if you're not interested in patent litigation.


Wut? These people would likely not have landed their current jobs without the Fed. Cir. clerkship (or some other comparable clerkship). I seriously doubt any of them think they wasted a year or two of their lives.

Sure it's probably better to take certain other clerkships over fed. cir. if a) you know that you don't want to do patent lit and b) that option is open to you, but most people aren't in that position. The reality is that you can (and people often do) do more than patent lit with a Fed. Cir. clerkship, so you don't have to be 1 million percent certain that you want to do patent lit.

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Re: Fed Circuit clerkships

Postby Anonymous User » Tue Dec 18, 2012 9:23 pm

Anonymous User wrote:
Anonymous User wrote:Yes. Them wasting a year or possibly two of their life is indeed funny. Much like some corporate associates I know who spent a year or two clerking in SDNY. Funny choices.

It's much better to do a regional circuit clerkship than the Fed. Cir. if you want to do general commercial litigation or anything else unrelated to patent work. I'd take a district court clerkship over Fed. Cir. if you're not interested in patent litigation.


Wut? These people would likely not have landed their current jobs without the Fed. Cir. clerkship (or some other comparable clerkship). I seriously doubt any of them think they wasted a year or two of their lives.

Sure it's probably better to take certain other clerkships over fed. cir. if a) you know that you don't want to do patent lit and b) that option is open to you, but most people aren't in that position. The reality is that you can (and people often do) do more than patent lit with a Fed. Cir. clerkship, so you don't have to be 1 million percent certain that you want to do patent lit.

Let me rephrase this, then, to suit your fancy. Clerking on the CAFC is not a very good idea if you're 100% sure you DON'T want to do patent litigation. That better?

Anonymous User
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Re: Fed Circuit clerkships

Postby Anonymous User » Tue Dec 18, 2012 9:27 pm

Anonymous User wrote:
Anonymous User wrote:
Anonymous User wrote:Yes. Them wasting a year or possibly two of their life is indeed funny. Much like some corporate associates I know who spent a year or two clerking in SDNY. Funny choices.

It's much better to do a regional circuit clerkship than the Fed. Cir. if you want to do general commercial litigation or anything else unrelated to patent work. I'd take a district court clerkship over Fed. Cir. if you're not interested in patent litigation.


Wut? These people would likely not have landed their current jobs without the Fed. Cir. clerkship (or some other comparable clerkship). I seriously doubt any of them think they wasted a year or two of their lives.

Sure it's probably better to take certain other clerkships over fed. cir. if a) you know that you don't want to do patent lit and b) that option is open to you, but most people aren't in that position. The reality is that you can (and people often do) do more than patent lit with a Fed. Cir. clerkship, so you don't have to be 1 million percent certain that you want to do patent lit.

Let me rephrase this, then, to suit your fancy. Clerking on the CAFC is not a very good idea if you're 100% sure you DON'T want to do patent litigation. That better?



Sure, my point was you don't have to be certain that you want to do patent lit, nor is patent work the only thing you can do with a Fed. Cir. clerkship. Not sure why you are so mad about it.

Anonymous User
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Re: Fed Circuit clerkships

Postby Anonymous User » Tue Dec 18, 2012 10:20 pm

Anonymous User wrote:currently a 2L
are these more competitive than other clerkships? science background needed? top grades?
at a recent cb, this was brought up and how it might be a good opportunity, so now im just trying to gather some info

just curious, which firm would bring up a fed. cir. clerkship on a callback with a 2L? As a 2L in his or her fall term, you're a couple years removed, possibly 3-4 years removed, from clerking on the federal circuit. were you interviewing at a patent boutique (fish/fitzpatrick/etc.) or a GP firm? you're anon, so maybe you're willing to share. but i understand if not.

what context did the fed. cir. topic arise in? did they say we encourage summers to go clerk on the fed. cir.?

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wiseowl
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Re: Fed Circuit clerkships

Postby wiseowl » Tue Dec 18, 2012 10:36 pm

Anonymous User wrote:
Anonymous User wrote:
Anonymous User wrote:Yes. Them wasting a year or possibly two of their life is indeed funny. Much like some corporate associates I know who spent a year or two clerking in SDNY. Funny choices.

It's much better to do a regional circuit clerkship than the Fed. Cir. if you want to do general commercial litigation or anything else unrelated to patent work. I'd take a district court clerkship over Fed. Cir. if you're not interested in patent litigation.


Wut? These people would likely not have landed their current jobs without the Fed. Cir. clerkship (or some other comparable clerkship). I seriously doubt any of them think they wasted a year or two of their lives.

Sure it's probably better to take certain other clerkships over fed. cir. if a) you know that you don't want to do patent lit and b) that option is open to you, but most people aren't in that position. The reality is that you can (and people often do) do more than patent lit with a Fed. Cir. clerkship, so you don't have to be 1 million percent certain that you want to do patent lit.

Let me rephrase this, then, to suit your fancy. Clerking on the CAFC is not a very good idea if you're 100% sure you DON'T want to do patent litigation. That better?


Over 40% of the CAFC's caseload is non-patent. This year alone it was actually 55-45 non-patent. Curiously uninformed post, which is probably why it was anonymous.




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