Do I Have A Chance At Federal Clerkships? Forum

[Anonymous User]

I have been going back and forth as to whether I should apply to clerkships. I am not sure if I can be a competitive applicant. But I recently got an A in Fed Courts, so maybe I can be? Some of my stats and info are below. Does anyone think I have a serious chance for federal clerkships?

3L at a T30 in a big city
top 1/3 GPA (but can probably graduate in Top 1/4)
law review editor
patent focused (have a STEM undergrad; will be taking the patent bar before I graduate)
only looking to clerk in federal courts along the northeast corridor
going to mid-size firm once I graduate

[Fireworks2016]

I have been going back and forth as to whether I should apply to clerkships. I am not sure if I can be a competitive applicant. But I recently got an A in Fed Courts, so maybe I can be? Some of my stats and info are below. Does anyone think I have a serious chance for federal clerkships?

3L at a T30 in a big city
top 1/3 GPA (but can probably graduate in Top 1/4)
law review editor
patent focused (have a STEM undergrad; will be taking the patent bar before I graduate)
only looking to clerk in federal courts along the northeast corridor
going to mid-size firm once I graduate

Yeah, I'd say you absolutely have a shot -- top-third grades, LR, and patent experience is going to interest a fair number of district judges, IME. You've missed the boat on 2021 almost for certain, but plenty of judges will like that you have a year or two of experience if you're applying for 2022/2023.

[j01]

I have been going back and forth as to whether I should apply to clerkships. I am not sure if I can be a competitive applicant. But I recently got an A in Fed Courts, so maybe I can be? Some of my stats and info are below. Does anyone think I have a serious chance for federal clerkships?

3L at a T30 in a big city
top 1/3 GPA (but can probably graduate in Top 1/4)
law review editor
patent focused (have a STEM undergrad; will be taking the patent bar before I graduate)
only looking to clerk in federal courts along the northeast corridor
going to mid-size firm once I graduate

I have to make some assumptions- by T30 I assume you mean 20-30, not HYS. And I'm going to assume you're not interested in clerking in the city in which you went to school (that always makes it easier).

Unless you are leaving out distinguishing factors, I would say your chances are not especially good. I can't disagree that you have a "shot," but I think it'll be difficult for you, especially in a volatile legal market that will probably push highly qualified candidates into federal clerkships for a few years.

The patent focus is interesting, but probably not super helpful outside of districts where there is a historic emphasis on patent law (somewhere in Texas, as I recall) or the Federal Circuit.

I don't mean to be dismissive, but the application process is a gamble even if your stats are overwhelmingly good. I didn't want to be unnecessarily optimistic if you're using this to help decide if applications are worth it.

[Anonymous User]

Probably not. IMO it’s not worth applying to SDNY, DDC, ED Va. You have a nonzero shot at some of the others but almost every district in the Northeast corridor is quite competitive. D Del is the only patent-heavy district in the Northeast and is very competitive.

You’ll maximize your chances by adopting the usual strategies used by candidates with weaker resumes—applying to senior and non-OSCAR judges, taking advantage of connections, applying anywhere you’ve ever lived, applying very broadly.

And yeah it’s worth applying to ED Tex in particular for a patent focus.

[InvisiblePineapple]

Probably not. IMO it’s not worth applying to SDNY, DDC, ED Va.

It costs very little to throw in an application, particularly on OSCAR. Stranger things have happened. I'd never advise anyone not even to bother applying for a crazy reach. But yeah, I think ED Tex would be a very good place to apply given the patent focus if you could possibly get over the geography thing.

[Anon-non-anon]

DNJ has some IP focused judges and even IP required positions. Whoever said D. Del is only IP focus in northeast is wrong. DNJ generally has quite a bit, especially pharma stuff. Quite competitive, especially close to NYC, but IP stuff (and likely a couple years of experience) may get you there.

[Anonymous User]

OP here. Thank you to everyone for your insight.

I am not emotionally invested in this. I am not yet sure if I even want to do it yet. I just want to know if it is an option at all. Plus, applying to a clerkship is contingent on how my firm will feel about it.

Ideally I would like to go to DNJ. I have a very strong connection to NJ (homestate). Does this connection help at all? I won't be able to go to some faraway state as I am kind of dug-in where I currently live.

Also, I am willing to go work for a magistrate judge. I know that they often handle certain aspects of patent matters. I assume getting a clerkship for a magistrate judge is easier, but is it considered "less than" clerking for a regular federal judge?

[ksm6969]

EDVa also is patent heavy (quick time to trial helps prevent some rehearing processes at PTO).

Some of the MA judges also have fair amount of patent work given how much biotech is in the area.

Also WDTX (not EDTX anymore) is now the patent venue site of choice for patent plaintiffs, but it’s really only a single judge (Judge Alan Albright) and he’s considered somewhat questionable (which is why patent plaintiffs love him)

[Anonymous User]

OP, I have almost the exact same profile as you, and I'm clerking at the Federal Circuit in 2022. I also had interviews with EDVA, DMass, EDNY, and DNJ (struck out with the first two, withdrew from the second two due to Fed. Cir. clerkship). I would highly encourage you to get professors to make calls/send emails for you, because that's what made the difference for me (in addition to being EIC of LR, which I think carried some weight). I would also apply via email as much as you can so that you're not filtered out on OSCAR.

[Anonymous User]

EDVa also is patent heavy (quick time to trial helps prevent some rehearing processes at PTO).

Some of the MA judges also have fair amount of patent work given how much biotech is in the area.

Also WDTX (not EDTX anymore) is now the patent venue site of choice for patent plaintiffs, but it’s really only a single judge (Judge Alan Albright) and he’s considered somewhat questionable (which is why patent plaintiffs love him)

Interesting, I don’t think I’ve seen discussions on post-TC Heartland changes to hot patent districts beyond D. Del. before on here. Are there any others that have risen along with W.D. Tex.? How bad has E.D. Tex. been hit?

Also, is the objection to Albright just that he really wants patent cases, is very reluctant to grant motions to transfer, and has a rocket docket, or that he’s incompetent? As a biglaw patent lit partner he seems facially well-qualified to be the busiest patent judge in the country.

[Wild Card]

Do you have something to offer that truly sets you apart? If you can honestly and confidently answer "yes," then go for it.

[Anonymous User]

Ideally I would like to go to DNJ. I have a very strong connection to NJ (homestate). Does this connection help at all? I won't be able to go to some faraway state as I am kind of dug-in where I currently live.

Former DNJ clerk. It's incredibly helpful. The term I clerked there, a significant minority (or even outright majority?) were NJ people--either through law school, previous practice, or having grown up there. Not uncommon to find DNJ clerks who check all three boxes.

Also, I am willing to go work for a magistrate judge. I know that they often handle certain aspects of patent matters. I assume getting a clerkship for a magistrate judge is easier, but is it considered "less than" clerking for a regular federal judge?

Generally speaking? Sure. But there's more to it than that. I know you're asking broadly, but again I can only speak to DNJ, where the magistrate system is incredibly professionalized and streamlined. Sure, the MJs handle discovery, pro hac vices, extensions, and other non-dispositive motions, but they also do a lot of substantive work as well, and to the extent that their clerks have less traditionally prestigious credentials than their DJ clerk counterparts, it's only a very slight difference. Besides, being an MJ has increasingly become a stepping-stone to AIII in DNJ. (I know that last sentence doesn't bear directly on your situation, but I think it says something about the quality of the MJs.)

[ksm6969]

EDVa also is patent heavy (quick time to trial helps prevent some rehearing processes at PTO).

Some of the MA judges also have fair amount of patent work given how much biotech is in the area.

Also WDTX (not EDTX anymore) is now the patent venue site of choice for patent plaintiffs, but it’s really only a single judge (Judge Alan Albright) and he’s considered somewhat questionable (which is why patent plaintiffs love him)

Interesting, I don’t think I’ve seen discussions on post-TC Heartland changes to hot patent districts beyond D. Del. before on here. Are there any others that have risen along with W.D. Tex.? How bad has E.D. Tex. been hit?

Also, is the objection to Albright just that he really wants patent cases, is very reluctant to grant motions to transfer, and has a rocket docket, or that he’s incompetent? As a biglaw patent lit partner he seems facially well-qualified to be the busiest patent judge in the country.

The first chart on this page really sums it up: https://www.unifiedpatents.com/insights ... -super-npe
I think EDTX got hit not just because of TC Heartland, but also because WDTX (Albright) became so patent friendly that he took a lot of business from EDTX. Also, WDTX includes Austin, where most tech companies have a large presence, and so they arent likely to abandon the district like some did with EDTX

I dont think anyone would say Albright is incompetent. Moreso ethically questionable, mostly with his open embrace of judge shopping and pretty much direct advertising to patent plaintiffs. Consider;

-Because he is the only judge in Waco, if you file in Waco you are guaranteed to get him. And he never transfers (althought he might now after being benchslapped by CAFC for abuse of discretion).
-He goes around the country advertising himself to patent plaintiffs.
-His 'rocket docket' may seem neutral but is largely designed to limit or prevent rehearings on validity of patents at the patent office.
-Unlike most judges, he doesn't stay hearings while rehearings at the patent office take place.
-He has never (at least last I checked) found a patent ineligible at the pleadings stage. This is a big one... a finding of ineligibility is a final judgment that is appealable; a finding of no ineligibility is not a final judgment, so not appealable; so pretty much puts huge pressure on D to settle since you cant appeal until going through a full trial.

There is certainly an argument that judge shopping happens anyway, and so if he's interested in patent cases why not advertise. But I think a lot of people question the open embrace of judge shopping by a sitting judge, especially given WDTX's rules that allow you to specifically target him. And the rules on patent eligibility are finnicky enough that very often you can go both ways (which is why some judges lean towards inelgibility so it can be de novo reviewed by CAFC). But put it all together, and he is very clearly on the very "pro-patent" side of the spectrum, and especially so in a way that benefits non-practicing entities ('patent trolls') looking for settlements. The cynic would say he saw an opportunity to increase visibility of Waco, and took it.

Which isnt to say he would be bad to clerk for. Clerking for him might be a big boost. Just noting that he is controversial.

[Anonymous User]

I have been going back and forth as to whether I should apply to clerkships. I am not sure if I can be a competitive applicant. But I recently got an A in Fed Courts, so maybe I can be? Some of my stats and info are below. Does anyone think I have a serious chance for federal clerkships?

3L at a T30 in a big city
top 1/3 GPA (but can probably graduate in Top 1/4)
law review editor
patent focused (have a STEM undergrad; will be taking the patent bar before I graduate)
only looking to clerk in federal courts along the northeast corridor
going to mid-size firm once I graduate

Definitely try for D. Del. Nothing is certain but I think you'd be attractive to many judges there.

[Anonymous User]

I clerked in D. Del. My impression was we had a lot more patent cases than D. NJ, but I'm sure D. NJ gets a decent amount, especially pharma cases.

I didn't fully realize how competitive it was until we started reviewing the next round of clerkship applications. We had hundreds of applications, and they pretty much were all at least top third at a T30. But that's not to say you don't have a shot. Definitely worth an application. Your patent focus helps. It wasn't a requirement to have a STEM background by any means, but we ruled out a lot of applicants who didn't even acknowledge in their cover letters that D. Del. gets a lot of patent cases.

Probably also worth applying to the magistrate judges in D. Del. because they do a lot of the same work as the district judges, including dispositive motions in patent cases.