ADVERTISEMENT



Google       

Home -> Law Blog Directory -> Patent Law Blogs -> The Patent Prospector

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Patent Law

: The Patent Prospector

Litigation Trends

By Gary Odom and Jordan Kuhn

ADVERTISEMENTS

What litigators already know: rocket dockets are the best bet; jury trials trump bench trials for awards; being plaintiff is advantageous. East Virginia and Western Wisconsin have the fastest rockets in their dockets, but offer only an average 50-50 chance of success. Mid-Florida and East Texas report the highest patent holder success rate, 67% & 55% respectively. Overall, East Virginia rates the top jurisdiction.

The rocket docket factor: there's a modest correlation between judicial efficiency and plaintiff success, both in percent and payoff. Time-to-trial starts the clock at complaint date to the first day of trial, bench or jury.

Success is considered liability + damages for the patent holder; a "loss" being a win for the alleged infringer.

In 2007, 58% of trials were from the bench, 42% jury trial, nearly the same as 2006. That reflects a marked shift toward jury trial from past decades.

Appeal changes the dice roll. Patent holders appeal their losses more often than alleged infringers - after summary judgment, 34% versus 23%; after trial: 57% versus 33%. Patent holders have better luck on appeal after trial, and from jury trials than bench trials, compared to summary judgment; conversely so, infringers.

At 71%, North Illinois takes the cake for decisions reversed or modified upon appeal.

Source: PriceWaterhouseCoopers

Patent Hawk can be the razor's edge for an alleged infringer, sharpening invalidity defenses successfully in over two-thirds of cases.

Next: the damages scene.

Full post as published by The Patent Prospector on March 15, 2008 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Related Law Articles

Lawsuits and Settlements

Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.016 secs (new cache)