Why clerk at Federal Circuit?
Posted: Wed Nov 22, 2017 9:49 am
Thinking of applying for Federal Circuit clerkship after a couple years in patent lit. What are the long-term benefits? What opportunities/career paths does it open up?
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Current Fed Cir clerk here. The benefits include having a golden ticket to go to almost any firm with a patent lit practice with the standard Fed Cir clerk bonus (75k). Also, consider that the entire circuit is in the same building in D.C., so there is a legitimate possibility that you can network in-person with every other clerk and build a solid network that will benefit you for a long time, especially if you stay in D.C. In addition, consider that the Fed Cir is essentially the Supreme Court for most patent issues (given the rarity (until recently) of Supreme Court intervention on patent issues and given that there is no other circuit to create a circuit split).Leo wrote:Thinking of applying for Federal Circuit clerkship after a couple years in patent lit. What are the long-term benefits? What opportunities/career paths does it open up?
All of this is pretty true, but I doubt OP will be hurting for work with patent lit experience + a federal circuit clerkship. And if the work has dried up so much that there isn't enough work out there for OP after the clerkship, then OP was probably eventually going to be screwed without the clerkship anyway.The downside to doing patent work is that patents are much less valuable these days in view of Alice, the PTAB, IPRs, a more patent-hostile Federal Circuit, etc. There will be fewer patent cases filed in federal courts in the future, but there is also a glut of biglaw attorneys who have branded themselves "patent litigators" who will be fighting tooth and nail for work.
I would just add that a CAFC clerkship might open up some appellate opportunities within patent lit, but will likely close doors to practice groups that aren't patent lit. But if you're already practicing patent lit and plan to continue, that might not be a problem.Leo wrote:Thinking of applying for Federal Circuit clerkship after a couple years in patent lit. What are the long-term benefits? What opportunities/career paths does it open up?
No.Leo wrote:Oh and is law review a necessary condition for landing a CAFC clerkship?
not for all judges. the ones who care about work experience don't (in my experience) care about law review.Leo wrote:Oh and is law review a necessary condition for landing a CAFC clerkship?
It's very helpful for getting a job in the USPTO Solicitor's Office. Probably also desirable in the DOJ section that litigates IP, and perhaps in the National Courts section, too. With a few exceptions (IBM comes to mind), most corporations don't need this type of specialized information on a daily basis.Leo wrote:Thanks for all your responses. What about other career paths outside law firm practice? Does clerking help with going in-house?
No reason whatsoever to avoid judges who "have no patent experience." If they've been sitting on this court for years (and they all have), they are experts in patent law. Just because a judge was previously an international trade lawyer or a prosecutor, doesn't mean anything about his or her expertise on patent law (or any of the other areas of the court's jurisdiction) now.Leo wrote:Can any current/former CAFC clerks provide advice on which judges are best to clerk for? I understand that some CAFC judges have more patent background than others. Should I avoid judges who have no patent experience (other than being a CAFC judge)? Any advice would be greatly appreciated.