Patent Speciality - Any Chance at Clerking?

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Patent Speciality - Any Chance at Clerking?

Postby Anonymous User » Tue Mar 12, 2019 4:52 pm

Current 3L in t14 (not H, Y, S), late to the clerkship game. Above median grades, but not stellar (~3.80). On a journal, but not law review, and with a self-reviewed so-so writing sample. My only 'schtick' in law school (and my only real legal interest, so far) is IP/patent law. I have work experience in biomedicine and am a registered patent agent.

Obviously I applied to Federal Circuit (the few available on OSCAR), but am wondering if I'm DOA for other COA clerkships, if not district. Almost every professor/attorney I've talked to has said "you should target Federal Circuit." Absent a miracle, I just don't know if I see that - are there other courts I should target? Only 2 judges on OSCAR are part of the Patent Pilot Program, and I've applied to them as well. I've applied to a few miscellaneous District/COA judges, but I know my resume just screams 'patent.' Anything I should do?

AUSAorBust

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Re: Patent Speciality - Any Chance at Clerking?

Postby AUSAorBust » Tue Mar 12, 2019 6:09 pm

I would apply more broadly. I think those credentials will likely appeal to most judges, even though they signal patent law.

Also, if you haven't, apply to D. Delaware. My understanding it that they are not in the pilot program, but have a lot of patent cases.

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Re: Patent Speciality - Any Chance at Clerking?

Postby Anonymous User » Tue Mar 12, 2019 7:46 pm

Definitely apply to Federal Circuit, and don't be limited to OSCAR. A bunch of judges only accept paper applications.
On average, CAFC judges tend to hire more experienced clerks; relatively few judges take direct from law school. But indicate that you're interested in clerking in the next available year, which is fine -- you'll spend a year or two practicing first. I think the judges are, in general, less grade conscious than judges on a court like CA2, CA9, or DC Cir, are.

I second D. Delaware. They're swamped with patent cases and most judges there want at least one patent-clerk. Highlight your interest in Hatch-Waxman litigation, for example, in your cover letter. Really beneficial to have a person in chambers who understands pharmaceuticals, biology, etc.

You might have success in other patent-heavy district courts such N.D. Cal., though that's pretty competitive, Texas, etc.

cheaptilts

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Re: Patent Speciality - Any Chance at Clerking?

Postby cheaptilts » Tue Mar 12, 2019 7:57 pm

Where in the t14 is 3.8 not close to or within the top 10% ?

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Re: Patent Speciality - Any Chance at Clerking?

Postby Anonymous User » Tue Mar 12, 2019 8:31 pm

cheaptilts wrote:Where in the t14 is 3.8 not close to or within the top 10% ?


Not sure if it gives us away - we don't rank. 3.80 is also not exact (it's slightly under).



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