Empirical Evidence on the Validity of Litigated Patents
John R. Allison
University of Texas - McCombs School of Busniess
Mark A. Lemley
Stanford Law School
July 1, 1998
American Intellectual Property Law Association (AIPLA) Quarterly Journal, Vol. 26, p. 185, 1998
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.
Number of Pages in PDF File: 84Accepted Paper Series
Date posted: August 28, 1998 ; Last revised: June 1, 2014
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