Abstract

http://ssrn.com/abstract=2442451
 


 



Understanding the Realities of Modern Patent Litigation


John R. Allison


University of Texas - McCombs School of Business

Mark A. Lemley


Stanford Law School

David L. Schwartz


Illinois Institute of Technology - Chicago-Kent College of Law

May 29, 2014

92 Texas Law Review 1769 (2014)
Chicago-Kent College of Law Research Paper No. 2014-12
Stanford Public Law Working Paper No. 2442451

Abstract:     
Sixteen years ago, two of us published the first detailed empirical look at patent litigation. In this Article, we update and expand the earlier study with a new hand-coded data set. We evaluate all substantive decisions rendered by any court in every patent case filed in 2008 and 2009 — decisions made between 2009 and 2013. We consider not just patent validity but also infringement and unenforceability. Moreover, we relate the outcomes of those cases to a host of variables, including variables related to the parties, the patents, and the courts in which those cases were litigated. The result is a comprehensive picture of the outcomes of modern patent litigation, one that confirms conventional wisdom in some respects but upends it in others. In particular, we find a surprising amount of continuity in the basic outcomes of patent lawsuits over the past twenty years, despite rather dramatic changes in who brought patent suits during that time.

Number of Pages in PDF File: 33

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Date posted: May 28, 2014 ; Last revised: October 7, 2014

Suggested Citation

Allison, John R. and Lemley, Mark A. and Schwartz, David L., Understanding the Realities of Modern Patent Litigation (May 29, 2014). 92 Texas Law Review 1769 (2014); Chicago-Kent College of Law Research Paper No. 2014-12; Stanford Public Law Working Paper No. 2442451. Available at SSRN: http://ssrn.com/abstract=2442451

Contact Information

John R. Allison
University of Texas - McCombs School of Business ( email )
CBA 5.202
University of Texas at Austin
Austin, TX 78712
United States
Mark A. Lemley (Contact Author)
Stanford Law School ( email )
559 Nathan Abbott Way
Stanford, CA 94305-8610
United States
David L. Schwartz
Illinois Institute of Technology - Chicago-Kent College of Law ( email )
565 W. Adams St.
Chicago, IL 60661-3691
United States

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