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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

John R. Allison

University of Texas - McCombs School of Business

Mark A. Lemley

Stanford Law School

Multiple version iconThere are 2 versions of this paper

Date Written: July 1, 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.

Suggested Citation

Allison, John R. and Lemley, Mark A., Empirical Evidence on the Validity of Litigated Patents (July 1, 1998). American Intellectual Property Law Association (AIPLA) Quarterly Journal, Vol. 26, p. 185, 1998. Available at SSRN: https://ssrn.com/abstract=118149 or http://dx.doi.org/10.2139/ssrn.118149

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

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