What Patent Litigation Associates Do Daily | Legal Career Guide

Dear Olivia A.,

The Core Daily Work

Patent litigation offers some of the most intellectually stimulating work in BigLaw, especially for attorneys with technical backgrounds. Your daily responsibilities will vary significantly depending on case stage, but here's what you can expect across different phases of patent disputes.

During discovery, you'll spend considerable time reviewing technical documents, source code, and engineering specifications. Unlike general commercial litigation document review, this work requires genuine technical analysis - you're not just flagging privileged communications, but understanding how accused products actually work and comparing them to patent claims.

Claim Construction and Legal Research

A significant portion of your time will involve claim construction work, which is unique to patent litigation. You'll research the intrinsic evidence (the patent itself, prosecution history, prior art cited during prosecution) and extrinsic evidence (expert testimony, technical dictionaries, treatises) to understand what patent terms mean. This requires diving deep into both legal precedent and technical concepts.

You'll also handle traditional litigation tasks like drafting discovery requests, preparing witness outlines, and managing privilege logs. But the technical complexity makes everything more substantive than typical commercial litigation.

Expert Witness Coordination

Patent cases live and die by expert testimony, so you'll work closely with technical experts and economists. This involves preparing experts for depositions, helping them understand legal standards like the obviousness analysis, and translating complex technical concepts into arguments judges and juries can follow.

Many associates find this aspect particularly rewarding - you become a bridge between cutting-edge technology and legal strategy. Given your San Francisco location, you'd likely encounter cases involving AI, semiconductors, biotech, and software patents.

Trial Preparation and Court Appearances

Patent litigation associates get substantial courtroom experience relatively early. You'll likely handle technology tutorials (where you teach the judge about the relevant technology), argue discovery motions, and present evidence during claim construction hearings.

Trial preparation is intensive but offers great training. You'll create demonstratives, prepare examination outlines, and coordinate with technical consultants to make complex concepts accessible to juries.

Hours and Lifestyle Considerations

Here's what to consider carefully: patent litigation tends to be more cyclical than corporate work. You might have reasonable hours during early discovery phases, but you might expect long hours (often 70+ per week) during intensive periods like claim construction briefing, expert discovery, and trial preparation, though this varies by firm and case.

The advantage over M&A work is predictability - trial dates are set months in advance, so you can anticipate busy periods. Corporate deals can explode with little warning and demand immediate all-nighters.

Market Dynamics in Your Area

The Bay Area patent litigation market is exceptionally strong. Major Bay Area firms like Wilson Sonsini, Cooley, and Fenwick & West are known for significant tech-adjacent IP practices, while other firms also handle pharmaceutical and biotech patent litigation.

Your engineering background would be valuable - firms actively seek associates who can understand complex technology without extensive hand-holding. This is particularly true for emerging areas like AI patent disputes, which are becoming increasingly common.

Career Trajectory Insights

Patent litigation can offer competitive partnership tracks, particularly because technical expertise combined with litigation skills creates barriers to entry, making experienced patent litigators quite valuable to firms.

The work also translates well to in-house opportunities. Many tech companies value patent litigators who understand both the legal landscape and technical details when making in-house hires. Given your location, companies like Google, Apple, Meta, and numerous startups regularly hire experienced patent attorneys.

You could also transition to patent prosecution or IP transactions later in your career, giving you more flexibility than pure corporate work might offer.

Making the Transition

If you're serious about this move, I'd recommend reaching out to patent litigation partners at your current firm first. Many large firms have IP practices, and an internal transfer might be easier than a lateral move.

For external opportunities, your technical background will open doors, but you'll need to demonstrate genuine interest in litigation. Consider taking on pro bono IP matters or attending patent law CLE programs to show commitment.

The hours will still be demanding, but many attorneys find patent litigation more intellectually satisfying than corporate work. The combination of cutting-edge technology, complex legal analysis, and courtroom advocacy creates a practice that stays engaging throughout your career.