Nationwide Patent Litigation Statistics

Slides:

Advertisements

Similar presentations

1 Patent Infringement Litigation Before the U.S. International Trade Commission By Timothy DeWitt 24IP Law Group USA 12 E. Lake Dr. Annapolis, MD

Advertisements

WISACCA – 2014 Annual Conference

Is There a Litigation Crisis in Oklahoma? A Survey of Oklahoma Judges Senator Charlie Laster Chair, Senate Judiciary Committee January 2006.

1 Agenda for 15th Class Admin –Handouts 1995 Exam question slides –Name plates –F 2/28 is mock mediations Class will go until noon Appeals Next class –Any.

The Process of Litigation. What is the first stage in a civil lawsuit ?  Service of Process (the summons)

(A Very Brief) Introduction to Civil Procedure Professor Pauline Kim August 23, 2012.

Why Did the Number of New Patent Cases Stop Rising? By Greg Upchurch LegalMetric Director of Research J.D.-Yale Law School Adjunct Professor-Washington.

© 2005 Morrison & Foerster LLP All Rights Reserved Offense as Defense in U.S. Patent Litigation Anthony L. Press Maximizing IP Seminar October 31, 2005.

Greg Gardella Patent Reexamination: Effective Strategy for Litigating Infringement Claims Best Practices for Pursuing and Defending Parallel Proceedings.

Speeding It Up at the USPTO July 2013 July 23, 2013.

1 Remedies for True Owner of Right to Obtain Patent against Usurped Patent AIPLA MWI IP Practice in Japan Committee Pre-Meeting Sunday, January 22, 2012.

Stephen J. Ware Professor of Law University of Kansas.

THE PARTY SIMILE Summary Judgment & Trial It’s Party Time! Point of fundraising party Have fun And raise money.

©2002 Marger Johnson & McCollom PC, All Rights Reserved. Intellectual Property Presentation for 2002 High Technology Protection Summit Presented by Alexander.

Introduction to Civil Procedure in the United States Wake Forest LLM Introduction to American Law Alan R. Palmiter – Sep

Post-Grant Proceedings Under The America Invents Act Los Angeles Intellectual Property Law Association “Washington in the West” Conference January 29,

Is the Patent Pilot Program Doomed to Fail? By Greg Upchurch LegalMetric Director of Research J.D.-Yale Law School Adjunct Professor-Washington University.

THE COURT SYSTEM & DISPUTE RESOLUTION Used by permission. For Educational purposes only.

Civil litigation begins with pleadings: formal papers filed with the court by the plaintiff and defendant. Plaintiff - the person bringing the lawsuit.

Our Divided Patent System John R. Allison University of Texas McCombs School of Business Mark A. Lemley Stanford Law School David L. Schwartz Northwestern.

Number and Win Rates on Trademark Preliminary Injunctions: By Greg Upchurch LegalMetric Director of Research J.D.-Yale Law School First in Litigation.

Litigation Jody Blanke Professor of Computer Information Systems and Law.

Court Procedures Chapter 3.

Chapter 2 The Court System and Dispute Resolution Twomey, Business Law and the Regulatory Environment (14th Ed.)

Post-Grant & Inter Partes Review Procedures Presented to AIPPI, Italy February 10, 2012 By Joerg-Uwe Szipl Griffin & Szipl, P.C.

Comprehensive Volume, 18 th Edition Chapter 2: The Court System and Dispute Resolution.

SHOPPING: ISN’T THAT THE AMERICAN WAY? Mary B. Graham Morris, Nichols, Arsht & Tunnell LLP Wilmington, Delaware Symposium On Ethical Issues in Patent Law.

Challenges Associated With, And Strategies For, U.S. Patent Litigation Russell E. Levine, P.C. Kirkland & Ellis LLP LES Asia.

Copyright Litigation in the Seventh Circuit: Pilot Study Report and Consultation Wednesday December 5 th :30 pm © Matthew Sag 2012 All Rights Reserved.

COPYRIGHT LAW 2003 Professor Fischer CLASS of April THE LAST CLASS!!!

1 Agenda for 11th Class Admin –Handouts Slides German Advantage –Name plates Summary Judgment in a Civil Action JMOL New Trial Introduction to Appeals.

The New Tool for Patent Defendants - Inter Partes Review Daniel W. McDonald George C. Lewis, P.E. Merchant & Gould, P.C. April 16, 2014 © 2014 Merchant.

Nationwide Patent Litigation Statistics By Greg Upchurch, Esq. LegalMetric Director of Research J.D.-Yale Law School 1975 Adjunct Professor-Washington.

© 2004 West Legal Studies in Business A Division of Thomson Learning BUSINESS LAW Twomey Jennings 1 st Ed. Twomey & Jennings BUSINESS LAW Chapter 2 The.

Background and Summary ©Copyright, 2007, LegalMetric, LLC, All Rights Reserved The Supreme Court KSR decision was issued on April 30, Since the decision,

Nationwide Trademark Litigation Statistics By Greg Upchurch, Esq. LegalMetric Director of Research J.D.-Yale Law School 1975 Adjunct Professor-Washington.

U.S. District Court District of Minnesota Immigration Litigation in Federal Court January 30, 2015 Procedural Requirements in U.S. District Court.

United States v. Miami University (Ohio) EDL: 276 Applications of School Law, Mandates and Policies.

Kaplan University - Adjunct Professor Brian Tippens, J.D. - February 23, Preview Units 4-6 Unit Three Preview Unit Two.

1 Agenda for 14th Class Admin –Handouts Extras to me ASAP –Name plates –Next class is Tuesday –Welcome Brittany Wiser Emily Milder Review of Summary Judgment.

Patent Infringement MM450 March 30, What is Patent Infringement? Making, using or selling an invention on which a patent is in force without the.

Chief Judge Intellectual Property High Court Ryuichi Shitara.

November 17, Reena Raman, Esq. Associate Kleinfeld Kaplan & Becker LLP Washington, DC

1 How To Find and Read the Law and Live to Tell (and Talk) About It Steve Baron January 29, 2009.

Current Situation of JP Patent based on Statistics (from view point of attacking pending and granted patents) Nobuo Sekine Japan Patent Attorneys Association.

Resolution of Fraud FRAUD EXAMINATION ALBRECHT & ALBRECHT Legal Follow-Up Chapter 16.

Trending Down: Contested Judgment Win Rates in Patent Cases By Greg Upchurch LegalMetric Director of Research J.D.-Yale Law School.

This week… How can I make successful notes for revision?

Unit 1: The Nature of Law and the Welsh and English Legal Systems Civil Courts: Structure and Appeals Civil Courts.

The Newly Enjoined Overtime Rule: What happens now

Amy Semet, Princeton University

St. Johns Housing Partnership 525 W King St, St Augustine, FL 32084

Unit B Customized by Professor Ludlum Nov. 30, 2016.

Update on Rush to Judgment? Trial Length & Outcomes in Patent Cases

Process of Law.

Chapter 3 Alternative, Judicial, and Online Dispute Resolution

How Federal Courts Are Organized

Jody Blanke Professor of Computer Information Systems and Law

Motion to Transfer Success Rates Before and After TC Heartland

Federal Circuit Rulings by Issue

Judicial Branch Vocabulary

Changing Win Rates in Patent Litigation

Overview of Legal Process in IP Cases

PCT Statistics Meeting of International Authorities Twenty-Fourth Session Reykjavík February 8 to 10, 2017.

MSFT/MMI SEP Milestones

Civil Pretrial Practice

Overview of Legal Process in IP Cases

Multiple Defendants in Patent Cases

Effect of KSR on Summary Judgment Decisions on Obviousness

Presentation transcript:

Nationwide Patent Litigation Statistics By Greg Upchurch, Esq. LegalMetric Director of Research J.D.-Yale Law School 1975 Adjunct Professor-Washington University School of Law

Patentee Overall Win Rates in Patent Cases

Patentee Overall Win Rates in Patent Cases Nationwide Average Win Rate for Patent Owners is 63%. Ranges from 53% to 81% for the top 20 patent districts. Figures include Consent and Default Judgments (see Contested Win Rates for figures which exclude consent and default judgments)

Patentee Contested Win Rates (No Consent and Default Judgments)

Patentee Contested Win Rates (No Consent and Default Judgments) Nationwide Patentee Contested Win Rate: 25%. Ranges from 10% to 43% for top 20 districts. Much lower than Overall Win Rates because consent and default judgments are excluded.

Nationwide Trial Win Rates (Patentee)

Nationwide Trial Win Rates (Patentee) A patentee who survives summary judgment has a 66% chance of prevailing in a jury trial and a 46% chance of prevailing in a bench trial. Very few districts have a sufficient number of trials in patent cases to provide meaningful win rates for the district.

Average Time to Judgment by Jury Trial

Average Time to Judgment by Jury Trial The average time nationwide from case filing to judgment based upon jury trial was 33 months. The range for the top 20 districts was 11 months up to 58 months.

Average Time to Markman Decision

Average Time to Markman Decision The average time from case filing to Markman decision nationwide was 23 months. The average time ranged from 11 months up to 40 months.

Preliminary Injunction Win Rates

Preliminary Injunction Win Rates The nationwide average win rate on preliminary injunction motions in patent cases is 32%. The average for the top 20 districts ranges from 16% to 48%.

Time to Decision on Preliminary Injunction Motions

Time to Decision on Preliminary Injunction Motions Average Time from Motion Filing to Decision on Preliminary Injunction Motions in Patent Cases: 3.5 months. Range for Top 20 Districts: 0.8 months to 5.6 months.

Summary Judgment Motion Win Rates

Summary Judgment Motion Win Rates Nationwide average win rate for summary judgment motions in patent cases: 39% Range in Top 20 districts: 24% to 48%.

Time to Decision on Summary Judgment Motions

Time to Decision on Summary Judgment Motions Nationwide average time to decision on summary judgment motions in patent cases: 5.7 months. Range in Top 20 districts: 1.6 months to 8.0 months.

Transfer Motion Win Rates

Transfer Motion Win Rates Nationwide average win rate on transfer motions in patent cases: 47% Range in Top 20 districts: 28% to 72%

Average Time to Decision on Transfer Motions

Average Time to Decision on Transfer Motions Nationwide average time from motion filing to decision on transfer motions in patent cases: 3.3 months Range in Top 20 districts: 1.4 months to 4.7 months

Sources and Notes All figures are taken from LegalMetric’s District Judge Reports and its Nationwide Markman Report, based on data from January, 1991 to February, 2009. Slides are intended for use in client presentations and continuing legal education presentations, and may be used without further permission of LegalMetric for those purposes so long as LegalMetric is given proper attribution. © LegalMetric 2009