I'm trying to decide whether I should lateral. The thing is, I'm worried about whether I'm behind my class year.
2014 grad, meaning I should be a 5th year but took a 2 year deduction when I lateraled in early 2017 in order to switch from patent pros to lit. Currently, I am a 3rd year associate.
This is my experience thus far:
- Due diligence work (life cycle management, M&A diligence)
- Inter Partes Review
- Opinion work
- Helped out a bit on two patent litigations, one in a support function (wasn't in core group but got to do doc review, draft expert report, and help retain experts). On a patent litigation now in which there's promise to do more (attend deep & trial), but we're still in the earlier stages.
Is my experience on par with where I should be as a 3rd year IP lit associate? Wondering if I should wait till I have more substantive experience to lateral, or if I'm ready now. In satellite office where opps are limited. Thanks!
[IP Lit] Am I behind my class year? Forum
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gregfootball2001
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Re: [IP Lit] Am I behind my class year?
So we're clear with what you're saying - you've never even attended a deposition or trial? Have you ever attended or done anything at any kind of hearing? Anything outside of the office at all?
I don't know if IP is different, but in comparison to a regular lit associate, I'd say you're a bit behind. Hopefully by this point should have attended a few different things, maybe defended a couple of depositions or even taken one, attended a trial or hearing, and maybe even done something at a trial or hearing.
YMMV, of course, depending on the size of firm - the higher you go, the less substantive experience you may get at the junior levels (some lit boutiques notwithstanding). When I did midlaw lit, I had defended and taken depositions and direct-examined a trial witness by third year. My biglaw buddy at a market-paying secondary market firm had defended depos and direct-examined at trial (but had not taken any depos) by third year. Others will weigh in, but yes, I think you're behind a bit, substantively.
That may not matter for lateralling, though, if you can spin your other experience as high-level training.
I don't know if IP is different, but in comparison to a regular lit associate, I'd say you're a bit behind. Hopefully by this point should have attended a few different things, maybe defended a couple of depositions or even taken one, attended a trial or hearing, and maybe even done something at a trial or hearing.
YMMV, of course, depending on the size of firm - the higher you go, the less substantive experience you may get at the junior levels (some lit boutiques notwithstanding). When I did midlaw lit, I had defended and taken depositions and direct-examined a trial witness by third year. My biglaw buddy at a market-paying secondary market firm had defended depos and direct-examined at trial (but had not taken any depos) by third year. Others will weigh in, but yes, I think you're behind a bit, substantively.
That may not matter for lateralling, though, if you can spin your other experience as high-level training.
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Re: [IP Lit] Am I behind my class year?
The IPR work is key -- how much have you done of that? Prior art analysis? Markman briefing? Working with experts? If so, all of those things translate 100% to district court litigation.
I wouldn't worry too much about deps and trial, particularly if you're a third year. Not every case is in that stage of discovery, and most cases won't go to trial.
Things you're likely missing in IPR-world, though: discovery and discovery disputes; damages; injunctions; motions to dismiss; sec. 101 and 112; etc. Try to get experience of the whole lifecycle of a case with this new matter.
But I think that any lack of litigating experience that you have will be compensated by a deeper understanding of patent law. Just try to round out skills sooner rather than later.
I wouldn't worry too much about deps and trial, particularly if you're a third year. Not every case is in that stage of discovery, and most cases won't go to trial.
Things you're likely missing in IPR-world, though: discovery and discovery disputes; damages; injunctions; motions to dismiss; sec. 101 and 112; etc. Try to get experience of the whole lifecycle of a case with this new matter.
But I think that any lack of litigating experience that you have will be compensated by a deeper understanding of patent law. Just try to round out skills sooner rather than later.
