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Biglaw IP Litigator Taking Questions

If anyone is interested.
Razzle-dazzle Umber People Who Are Hurt Fortuitous Meteor
  10/14/13
background, salary range
alcoholic affirmative action temple
  10/14/13
I'm a midlevel and am paid the going rate for my class year....
Razzle-dazzle Umber People Who Are Hurt Fortuitous Meteor
  10/14/13
ok... i'll bite.. typical day would your life be better o...
alcoholic affirmative action temple
  10/14/13
Usually I'm spending most of my time on one large case, so i...
Razzle-dazzle Umber People Who Are Hurt Fortuitous Meteor
  10/14/13
lacking a science degree, what do you see as your exit optio...
Ruby fat ankles shrine
  10/14/13
Honestly, the fact that I don't have a STEM degree (or at le...
Razzle-dazzle Umber People Who Are Hurt Fortuitous Meteor
  10/14/13
do you like the litigation aspect at least, such that you ca...
Ruby fat ankles shrine
  10/14/13
I do enjoy some aspects of litigation but I don't like it en...
Razzle-dazzle Umber People Who Are Hurt Fortuitous Meteor
  10/14/13
In-house jobs at tech companies often require you to make mo...
Magenta Self-centered Goal In Life National Security Agency
  10/14/13
You seem to be implying that a tech degree would be helpful ...
bateful overrated theater stage jap
  10/14/13
Actual work experience as an engineer or programmer may be m...
Magenta Self-centered Goal In Life National Security Agency
  10/14/13
No, it's not a conspiracy, it's because they want someone wh...
Razzle-dazzle Umber People Who Are Hurt Fortuitous Meteor
  10/15/13
Most in-house jobs for IP that I have seen want people who c...
Magenta Self-centered Goal In Life National Security Agency
  10/15/13
You are still overstating the value of a STEM degree. To ...
Razzle-dazzle Umber People Who Are Hurt Fortuitous Meteor
  10/15/13
eh. their is at least one former gc possibly life sciences t...
Federal fuchsia black woman
  10/15/13
Many patent attorneys who do prosecution deal with litigatio...
Magenta Self-centered Goal In Life National Security Agency
  10/15/13
For reference, I count 12 cs/ee listings on goinhouse curren...
Magenta Self-centered Goal In Life National Security Agency
  10/15/13
This is, again, completely non responsive. I'm sorry you can...
Razzle-dazzle Umber People Who Are Hurt Fortuitous Meteor
  10/15/13
Your referencing of silly flame is nonresponsive. I believe...
Magenta Self-centered Goal In Life National Security Agency
  10/15/13
Heres the difference between you and me. I am bringing back ...
Razzle-dazzle Umber People Who Are Hurt Fortuitous Meteor
  10/15/13
Also, according to a concurrent post, you are a 3L at Ohio S...
Razzle-dazzle Umber People Who Are Hurt Fortuitous Meteor
  10/15/13
it helps if you understand WTF people are talking about
Naked Whorehouse
  10/14/13
Longterm prospects for IP lit with no cs/ee or any tech degr...
Magenta Self-centered Goal In Life National Security Agency
  10/14/13
Depends on what you mean by longterm prospects. I would bet ...
Razzle-dazzle Umber People Who Are Hurt Fortuitous Meteor
  10/14/13
...
bronze house french chef
  02/23/15
Do you think a bro with CSEE degrees (BS MS or PhD even) has...
garnet chest-beating codepig
  10/14/13
Yes, I do. That person has something extra they can sell to ...
Razzle-dazzle Umber People Who Are Hurt Fortuitous Meteor
  10/15/13
savings?
Drunken tank parlour
  10/15/13


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Date: October 14th, 2013 6:57 PM
Author: Razzle-dazzle Umber People Who Are Hurt Fortuitous Meteor

If anyone is interested.

(http://www.autoadmit.com/thread.php?thread_id=2387367&forum_id=2#24233795)



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Date: October 14th, 2013 6:59 PM
Author: alcoholic affirmative action temple

background, salary range

(http://www.autoadmit.com/thread.php?thread_id=2387367&forum_id=2#24233810)



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Date: October 14th, 2013 7:01 PM
Author: Razzle-dazzle Umber People Who Are Hurt Fortuitous Meteor

I'm a midlevel and am paid the going rate for my class year.

I don't have a technical background. I studied a useless liberal arts subject at a big state school. OTOH, I did go to a prestigious law school.

(http://www.autoadmit.com/thread.php?thread_id=2387367&forum_id=2#24233829)



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Date: October 14th, 2013 7:03 PM
Author: alcoholic affirmative action temple

ok... i'll bite.. typical day

would your life be better or worse w/ CSEE background

(http://www.autoadmit.com/thread.php?thread_id=2387367&forum_id=2#24233844)



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Date: October 14th, 2013 7:12 PM
Author: Razzle-dazzle Umber People Who Are Hurt Fortuitous Meteor

Usually I'm spending most of my time on one large case, so it depends on what phase that case is in. In most patent cases in most districts you do claim charts first, then brief claim construction, then do all your fact discovery, then expert discovery, then SJ, then trial. So in the early phases I could be spending most of my day on charts and smaller discovery issues. In discovery I could be writing briefs or doing written discovery, although a lot of the written discovery if done by more junior attorneys at this point, or writing lots of stupid letters back and forth with opposing counsel. I might also be preparing to take or defend a less important deposition or preparing a more senior attorney for a more important deposition. As the case gets more advanced I've typically been in more of a support role helping write expert reports and SJ.

(http://www.autoadmit.com/thread.php?thread_id=2387367&forum_id=2#24233905)



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Date: October 14th, 2013 7:07 PM
Author: Ruby fat ankles shrine

lacking a science degree, what do you see as your exit options?

(http://www.autoadmit.com/thread.php?thread_id=2387367&forum_id=2#24233874)



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Date: October 14th, 2013 7:18 PM
Author: Razzle-dazzle Umber People Who Are Hurt Fortuitous Meteor

Honestly, the fact that I don't have a STEM degree (or at least a PTO reg number) is a big problem for me going forward. I don't know what I'm going to do. I think the best option if I can get it is AUSA or some other government litigation gig.

To answer the question above, my life would only be easier with a CS or other tech degree in the sense that I would have better exit options and also better prospects in private practice. I am much less marketable both in and outside the firm since I don't have the credential. In terms of actually handling the technical side of cases, though, I think having the background would only help a little bit. I do just fine without it.

(http://www.autoadmit.com/thread.php?thread_id=2387367&forum_id=2#24233958)



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Date: October 14th, 2013 7:24 PM
Author: Ruby fat ankles shrine

do you like the litigation aspect at least, such that you can see yourself enjoying AUSA or midlaw litigation?

agreed on handling the tech side of cases. but clients have a misunderstanding about this, which is a complicating factor and makes in-house opportunities for non-tech degrees so rare.

(http://www.autoadmit.com/thread.php?thread_id=2387367&forum_id=2#24234013)



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Date: October 14th, 2013 7:36 PM
Author: Razzle-dazzle Umber People Who Are Hurt Fortuitous Meteor

I do enjoy some aspects of litigation but I don't like it enough to want to do it regardless of the subject matter. I don't think I'd like doing random midlaw commercial cases, for example, or trying to figure out how to bring in that kind of business. I could see enjoying AUSA.

Also, contrary to the conventional wisdom around here, some of my litigation colleagues have been able to go in house to do more general corporatey in-house stuff, but not a lot of them.

(http://www.autoadmit.com/thread.php?thread_id=2387367&forum_id=2#24234126)



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Date: October 14th, 2013 7:43 PM
Author: Magenta Self-centered Goal In Life National Security Agency

In-house jobs at tech companies often require you to make more business decisions and interact with a lot of tech people. Most require some prosecution experience / ability to manage a patent portfolio as well. So, yeah, tech degrees are kinda important.

(http://www.autoadmit.com/thread.php?thread_id=2387367&forum_id=2#24234196)



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Date: October 14th, 2013 11:50 PM
Author: bateful overrated theater stage jap

You seem to be implying that a tech degree would be helpful or important in making business decisions and interacting with tech people. I don't believe that is actually true.

(http://www.autoadmit.com/thread.php?thread_id=2387367&forum_id=2#24235775)



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Date: October 14th, 2013 11:56 PM
Author: Magenta Self-centered Goal In Life National Security Agency

Actual work experience as an engineer or programmer may be more important than a degree. Most cs/ee people do have such work experience. Thinking that somebody without a background sitting in a room all day meeting with programmers/engineers will get it as well as somebody with a background is just wrong. The fact that so many job listings both at firms and in-house require cs/ee degrees is not part of some massive misinformed conspiracy.

(http://www.autoadmit.com/thread.php?thread_id=2387367&forum_id=2#24235813)



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Date: October 15th, 2013 4:38 PM
Author: Razzle-dazzle Umber People Who Are Hurt Fortuitous Meteor

No, it's not a conspiracy, it's because they want someone who can write patents (and oversee outside counsel write patents). It has nothing to do with making business decisions or interacting with people, which are things STEM people tend to be bad at.

I think the poster above was referring to in-house jobs overseeing IP litigation or the like. There are jobs like that, and there are even non-technical people in those jobs, but they are few and far between.

(http://www.autoadmit.com/thread.php?thread_id=2387367&forum_id=2#24239215)



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Date: October 15th, 2013 4:49 PM
Author: Magenta Self-centered Goal In Life National Security Agency

Most in-house jobs for IP that I have seen want people who can handle to at least some extent both litigation and prosecution. Also, they want people who can interact with engineers and understand the technology in order to understand from a patent law perspective what is important for the business. Don't set up silly straw men.

(http://www.autoadmit.com/thread.php?thread_id=2387367&forum_id=2#24239294)



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Date: October 15th, 2013 10:25 PM
Author: Razzle-dazzle Umber People Who Are Hurt Fortuitous Meteor

You are still overstating the value of a STEM degree.

To begin with, you don't need a STEM degree to "interact with engineers." Literally anybody can "interact with engineers." They are normal people. As a patent litigator, I interact with engineers all the time. They are our clients and our inventors and our fact witnesses. There is nothing particularly challenging about talking with them. I do think that it is a special skill to sit down with an inventor and discover the true / most profitable nature and scope of their invention. But that's just tautological. Of course patent prosecutors are better patent prosecutors.

What you are also missing is that your average STEM degree patent prosecutor is not particularly well suited "to understand from a patent law perspective what is important for the business." Someone who deals with infringement suits is usually better situated than a patent prosecutor to say, at the level of inquiry relevant to a business person, what is important for the business from a patent law perspective. Life-long prosecutors don't know nearly as much as a litigator (if they know anything at all) about determining a patent's value, what it would cost to realize that value, or the risks involved, among other things. Those are the kinds of things business people want to know about their patents. As far as I know, these things are not taught in the average STEM curriculum either. That is why most large companies have separate in-house lawyers responsible for overseeing prosecution and litigation, and have experienced patent litigators (usually former partners at large law firms, and not always STEM people) overseeing their enforcement and defense efforts.

You are right that most in house job postings for patent prosecutors ask for someone with some litigation experience. In my experience, those lawyers don't have any meaningful involvement in active cases. They keep abreast of what's going on and get on calls, but they don't have enough experience or authority to override the judgment of the senior outside counsel / trial lawyer who is running the show. Nor do they have the responsibility to the business people or for the bottom line that the in house former litigator has. They would be better served just letting prosecutors do what they do.

(http://www.autoadmit.com/thread.php?thread_id=2387367&forum_id=2#24241713)



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Date: October 15th, 2013 10:31 PM
Author: Federal fuchsia black woman

eh. their is at least one former gc possibly life sciences turned biglaw partner who is all pros/pooling out there i know him. there's probably more than him

(http://www.autoadmit.com/thread.php?thread_id=2387367&forum_id=2#24241773)



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Date: October 15th, 2013 10:39 PM
Author: Magenta Self-centered Goal In Life National Security Agency

Many patent attorneys who do prosecution deal with litigation as well. Often, this experience deals with smaller litigations, threats from patent trolls, licensing agreements, the kinds of things that in-house counsel have to deal with on a daily basis.

Spending months or years on a single giant patent litigation like biglaw litigators do is not conducive to developing valuable skills for most in-house jobs, IP or not. IHC hired to oversee huge litigations exist, but there aren't many of them.

(http://www.autoadmit.com/thread.php?thread_id=2387367&forum_id=2#24241860)



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Date: October 15th, 2013 10:56 PM
Author: Magenta Self-centered Goal In Life National Security Agency

For reference, I count 12 cs/ee listings on goinhouse currently.

All 12 require or strongly prefer PTO registration + prosecution experience. About half also want some pre-litigation experience, analyzing/negotiating basic license agreements, etc.

I don't see any listings for experience with 100-million dollar patent litigation, spending thousands of hours putting together discovery requests, giant infringement/invalidity contention documents, etc.

(http://www.autoadmit.com/thread.php?thread_id=2387367&forum_id=2#24242039)



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Date: October 15th, 2013 11:28 PM
Author: Razzle-dazzle Umber People Who Are Hurt Fortuitous Meteor

This is, again, completely non responsive. I'm sorry you cant find a job, buckeye, but maybe if you worked on your reading comprehension skills you could have got a decent LSAT score and got into a real law school.

(http://www.autoadmit.com/thread.php?thread_id=2387367&forum_id=2#24242359)



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Date: October 15th, 2013 11:34 PM
Author: Magenta Self-centered Goal In Life National Security Agency

Your referencing of silly flame is nonresponsive. I believe the discussion was focused on in-house opportunities for patent attorneys, which go something like this:

CS/EE (with some pros experience) >>>>>>>>>>>>>>> CS/EE (all litgation) >>>>>>>>>>>>>>>>> no CS/EE (all litigation) = no in-house

There was also some question as to whether this hiring pattern is justified. The answer is yes, it is justified.

(http://www.autoadmit.com/thread.php?thread_id=2387367&forum_id=2#24242399)



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Date: October 15th, 2013 11:55 PM
Author: Razzle-dazzle Umber People Who Are Hurt Fortuitous Meteor

Heres the difference between you and me. I am bringing back real knowledge from an elite law firm. You are sitting at home in your underwear looking at job postings.

(http://www.autoadmit.com/thread.php?thread_id=2387367&forum_id=2#24242591)



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Date: October 15th, 2013 10:35 PM
Author: Razzle-dazzle Umber People Who Are Hurt Fortuitous Meteor

Also, according to a concurrent post, you are a 3L at Ohio State who is looking for a job. I think I have a bit more authority on this point than you.

(http://www.autoadmit.com/thread.php?thread_id=2387367&forum_id=2#24241819)



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Date: October 14th, 2013 11:57 PM
Author: Naked Whorehouse

it helps if you understand WTF people are talking about

(http://www.autoadmit.com/thread.php?thread_id=2387367&forum_id=2#24235819)



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Date: October 14th, 2013 7:39 PM
Author: Magenta Self-centered Goal In Life National Security Agency

Longterm prospects for IP lit with no cs/ee or any tech degree at all aren't good.

(http://www.autoadmit.com/thread.php?thread_id=2387367&forum_id=2#24234145)



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Date: October 14th, 2013 7:44 PM
Author: Razzle-dazzle Umber People Who Are Hurt Fortuitous Meteor

Depends on what you mean by longterm prospects. I would bet that there's going to continue to be more Biglaw IP lit work than Biglaw lit associates with tech degrees for a long time. But the firms will just use people like me for a few years and then move on to the next crop of young associates.

Also, although CS/EE is big and growing and gets all the attention, there is still and probably always will be a sizable chunk of patent litigation in other industries.

(http://www.autoadmit.com/thread.php?thread_id=2387367&forum_id=2#24234207)



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Date: February 23rd, 2015 7:58 PM
Author: bronze house french chef



(http://www.autoadmit.com/thread.php?thread_id=2387367&forum_id=2#27378763)



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Date: October 14th, 2013 11:36 PM
Author: garnet chest-beating codepig

Do you think a bro with CSEE degrees (BS MS or PhD even) has higher possibility of bringing in business and actually making partner than you? If so, by how much?

(http://www.autoadmit.com/thread.php?thread_id=2387367&forum_id=2#24235709)



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Date: October 15th, 2013 4:31 PM
Author: Razzle-dazzle Umber People Who Are Hurt Fortuitous Meteor

Yes, I do. That person has something extra they can sell to potential clients that I can't. That is going to be helpful in generating business for the firm, which is something the firm is going to consider in its partnership decision.

I agree with one of the posters above who characterized this as more of a perception problem than anything else. I work with CSEE people all the time. In most cases they have to learn the patented technology more or less from scratch just like me. The main difference I've seen is that these people are almost universally competent at handling the technical side of the case once they learn how to play the game. (I assume that this is because getting a STEM degree is a lot more technically challenging than doing an infringement chart.) Meanwhile, some of the liberal arts people who wind up in IP lit turn out not competent at handling the technical side of these cases and they wind up confined to written discovery and other ancillary tasks. The flip side is that a lot of the STEM folks are not great speakers or writers, at least not at first, while most liberal arts majors who went on to prestigious law schools are pretty good at one or both of these things.

(http://www.autoadmit.com/thread.php?thread_id=2387367&forum_id=2#24239162)



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Date: October 15th, 2013 5:36 PM
Author: Drunken tank parlour

savings?

(http://www.autoadmit.com/thread.php?thread_id=2387367&forum_id=2#24239587)