Empirical Evidence on the Validity of Litigated Patents
American Intellectual Property Law Association (AIPLA) Quarterly Journal, Vol. 26, p. 185, 1998
84 Pages Posted: 28 Aug 1998 Last revised: 1 Jun 2014
Date Written: July 1, 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.
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