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Intellectual Property Law
: The TechKnowledgy BlogNew PWC Patent Litigation Survey Shows Trial Success Rate Highest Ever
By Tim Feathers
A link to the PWC report is here. Summary of relevant findings:
- median damage award has remained steady over the years when adjusted for inflation.
- Significant difference in success rates and size of awards between bench trials and jury cases is driving more jury trials.
- Primary measure of damages: reasonable royalty.
- Overall success rate in recent years has hovered at 40%, with one third of those being resolved on summary judgement.
- About one third of all judgements/decision are appealed, and of those about two thirds get modified or reversed.
Full post as published by The TechKnowledgy Blog on April 29, 2009 (boomark / email).
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