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Rush to Judgment? Trial Length and Outcomes in Patent Cases

AIPLA Quarterly Journal, Vol. 41, No. 2, Spring 2013

Stanford Public Law Working Paper No. 2217690

36 Pages Posted: 14 Feb 2013 Last revised: 2 Oct 2013

Mark A. Lemley

Stanford Law School

Jamie Kendall

Stanford Law School

Clint Martin

Google Inc

Date Written: August 17, 2012

Abstract

We conduct a comprehensive study of all patent trials over the past eleven years. We find that juries are more favorable to patentees than judges, that (to our surprise) the length of a trial has no effect on its outcome, and that there are surprisingly modest differences between patentee win rates in favored jurisdictions like Delaware and the Eastern District of Texas.

Suggested Citation

Lemley, Mark A. and Kendall, Jamie and Martin, Clint, Rush to Judgment? Trial Length and Outcomes in Patent Cases (August 17, 2012). AIPLA Quarterly Journal, Vol. 41, No. 2, Spring 2013; Stanford Public Law Working Paper No. 2217690. Available at SSRN: https://ssrn.com/abstract=2217690 or http://dx.doi.org/10.2139/ssrn.2217690

Mark A. Lemley (Contact Author)

Stanford Law School ( email )

559 Nathan Abbott Way
Stanford, CA 94305-8610
United States

Jamie Kendall

Stanford Law School ( email )

Stanford, CA

Clint Martin

Google Inc ( email )

1600 Amphitheatre Parkway
Second Floor
Mountain View, CA 94043
United States

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