Clerk for fed circuit if no real interest in IP? Forum

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Clerk for fed circuit if no real interest in IP?

Post by Anonymous User » Fri Aug 07, 2015 12:56 pm

I have a potentially strong connection to a fed cir judge but no real interest in being an IP litigator. Long term interests in general commercial lit and white collar crime. Doesn't make sense to go after that clerkship, right?

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Re: Clerk for fed circuit if no real interest in IP?

Post by BlackAndOrange84 » Fri Aug 07, 2015 8:52 pm

I don't think your tentatively stated conclusion is so obvious. It's still a competitive federal appellate clerkship, and IP isn't their entire docket. Additionally, some of the judges on the Federal Circuit, for example Judge Dyk, are more generally well respected. It's tough to get a federal appellate clerkship, and if you have a connection to a judge, I'm not sure why you'd want to pass on a good chance to get your resume pulled out of the pile for one.

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Desert Fox

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Post by Desert Fox » Fri Aug 07, 2015 9:01 pm

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Re: Clerk for fed circuit if no real interest in IP?

Post by Anonymous User » Sat Aug 08, 2015 7:04 am

My understanding is that the patent cases tend to be significantly more time-intensive on average, so as a clerk, your day-to-day would likely be more patent-focused than the docket statistics would suggest. It would still probably help your career in another practice area. You're analyzing briefs, conducting legal research, and writing. You're learning a different body of law than you would ultimately practice in, but that would presumably be expected since unless your IP-focused, there is not a specialized CoA in your field.

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Re: Clerk for fed circuit if no real interest in IP?

Post by 84651846190 » Sun Aug 09, 2015 11:00 pm

Anonymous User wrote:My understanding is that the patent cases tend to be significantly more time-intensive on average, so as a clerk, your day-to-day would likely be more patent-focused than the docket statistics would suggest.
This is correct.

You could also try getting into a government contracts practice after clerking for the CAFC. I know they have a number of those cases. You should check out their jurisdiction. I think there are more than a couple of practice areas that relate to the kinds of cases on the CAFC's docket.

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Re: Clerk for fed circuit if no real interest in IP?

Post by Anonymous User » Mon Aug 10, 2015 12:06 am

I'm a former Court of Federal Claims clerk. If you have any interest in government contracts for some odd reason, the CFC is the place to be. Although the CAFC hears all appeals from the CFC, the amount of gov't Ks cases that go to the CAFC are a fraction of the amount churned out at the CFC.

The CFC is a great place to clerk for a number of reasons, but firms generally aren't interested except for those with gov't Ks practice. Everything else the CFC hears is far too specific/obscure.

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Re: Clerk for fed circuit if no real interest in IP?

Post by 84651846190 » Mon Aug 10, 2015 5:17 pm

Anonymous User wrote:I'm a former Court of Federal Claims clerk. If you have any interest in government contracts for some odd reason, the CFC is the place to be. Although the CAFC hears all appeals from the CFC, the amount of gov't Ks cases that go to the CAFC are a fraction of the amount churned out at the CFC.

The CFC is a great place to clerk for a number of reasons, but firms generally aren't interested except for those with gov't Ks practice. Everything else the CFC hears is far too specific/obscure.
Aren't almost all cases in the CFC auto-decided in favor of the govt? Maybe only the closest cases make it up to the CAFC?

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