AIPLA Quarterly Journal, Vol. 41, No. 2, Spring 2013
36 Pages Posted: 14 Feb 2013 Last revised: 2 Oct 2013
Date Written: August 17, 2012
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: 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