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Empirical Evidence on the Validity of Litigated Patents

John R. Allison
University of Texas at Austin - Department of Information, Risk and Operations Management

Mark A. Lemley
Stanford Law School

July 1998

Abstract:
We have studied all final patent validity decisions issued by the federal courts between 1989 and 1996 reported in United States Patents Quarterly. We test this dataset to determine a number of facts of interest to scholars and patent litigators, including the rate at which patents are held valid, the subject matter of the patents litigated, the rate at which judges and juries hold patents valid, the most common grounds for invalidity, how validity decisions fare on appeal, and numerous other hypotheses.

Note: This abstract has appeared in final form in the American Intellectual Property Law Association Quarterly Journal, Vol. 26, P. 185, 1998.

Working Paper Series

Date posted: August 28, 1998 ; Last revised: September 08, 2001

Suggested Citation

Allison, John R. and Lemley, Mark A., Empirical Evidence on the Validity of Litigated Patents (July 1998). Available at SSRN: http://ssrn.com/abstract=118149 or doi:10.2139/ssrn.118149

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Contact Information

Mark A. Lemley (Contact Author) Stanford Law School ( email ) 559 Nathan Abbott Way Stanford, CA 94305-8610 United States
John R. Allison University of Texas at Austin - Department of Information, Risk and Operations Management ( email ) Austin, TX 78712 United States