Chances for Federal Circuit? Forum

[Anonymous User]

I'm a 2015 grad.

Relevant stats:

• Somewhere between top 1/3 and top 1/2 at CCN
• EIC/ME of school's technology journal, along with a published note on a patent law topic
• If it matters, A- in Patents and A in Patent Litigation, and I would probably be able to get strong recommendations from both professors
• EE degree from a top five engineering school

I work at a top patent firm (you can probably guess the one), but here's the catch: I'm doing prosecution with just a spattering of post-grant work. I'm relatively happy doing prosecution, but I have an itch to try something different.

Will Federal Circuit judges consider alums with no litigation experience?

[Anonymous User]

probably. Hell, I applied to a federal clerkship and didn't have half these specs

[Anonymous User]

Yes, absolutely you should apply if this is what you want to do. I did transactional work at a Biglaw firm for two years and then did two clerkships (district and circuit). I have similar stats as you except I'm at a slightly lower ranked school. This will sound obvious, but your cover letter is crucial. I spent a lot of time on mine to get across that despite my two years practicing transactional work, I really really wanted to clerk and do litigation. And of course, during the interview, I had to be ready for that question.

[Anonymous User]

I understand the OP to be referring to the CAFC in particular.

I think you have a shot with certain judges, but not with the more traditional appellate-judge-mold ones who are very particular about grades and who generally hire recent grads (e.g. Dyk, Taranto)--many of the judges on the court will overlook median grades if you have good patent work/D. Ct. experience. In terms of litigation experience, I don't think it's absolutely necessary (plenty of clerks don't have prosecution OR litigation experience, having recently come from law school), but it's useful to say that you have some litigation experience, and with that in mind maybe you should try getting on an IPR or district court case just to say you've done it.