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Patent opportunities

Litigation experience Mostly ID. Wondering if worth sittin bullah02/03/18
What is your UG in? As I understand it, this matters for wutwutwut02/03/18
I'm in patents and I don't know anyone on the lit side witho bucwild02/03/18
Not sure what you mean when you say you're "in patents", but wutwutwut02/04/18
Patent litigation is a very competitive specialty to break i patenttrollnj02/04/18
bullah (Feb 3, 2018 - 8:49 pm)

Litigation experience Mostly ID. Wondering if worth sitting for patent bar would open new opportunities.

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wutwutwut (Feb 3, 2018 - 9:40 pm)

What is your UG in?

As I understand it, this matters for sitting for the patent bar. Like if you want to do patent prosecution.

But I don't think it matters much for patent litigation. I know some successful patlit guys who are history or philosophy UG types.

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bucwild (Feb 3, 2018 - 9:51 pm)

I'm in patents and I don't know anyone on the lit side without a technical degree

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wutwutwut (Feb 4, 2018 - 7:20 am)

Not sure what you mean when you say you're "in patents", but if you scroll through the patlit partners at MWE, MoFo, or Townsend you'll find many of the first chair guys who argue the cases do not have stem degrees. Plenty of PhD engineer and chemist partners, too, of course.

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patenttrollnj (Feb 4, 2018 - 1:59 pm)

Patent litigation is a very competitive specialty to break into. Unless you're some star coming out of law school AND already work in biglaw, it will be an uphill battle.

Also, as noted above, many patent litigators do NOT have technical backgrounds, but they still have a Federal Clerkship or some really impressive credential that opens doors for them. Merely working at some mill doing ID litigation and passing the patent bar is not likely to cut it.

As for the patent bar itself, many patent litigators have not taken it. Even those who have a technical background don't sit for it, because they don't need it. Only patent prosecutors need it, and that is usually a whole other department (often staffed by non-lawyer patent agents). Thus, I don't think the patent bar will be that special credential to get you into the specialty.

Also, important to note, a lot of patent litigation today involves so called "non practicing entities" (i.e., patent trolls), which usually result in quick settlements. Actual, legitimate litigation is extremely expensive, thus companies are trying to avoid it (if possible) by making deals or seeking licensing fees instead.

Personally, I think IP licensing is a "hotter" specialty to get into, but also extremely difficult.

Good luck!

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