Rush to Judgment? Trial Length and Outcomes in Patent Cases
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.
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