33 Pages Posted: 28 May 2014 Last revised: 7 Oct 2014
Date Written: May 29, 2014
Sixteen years ago, two of us published the first detailed empirical look at patent litigation. In this Article, we update and expand the earlier study with a new hand-coded data set. We evaluate all substantive decisions rendered by any court in every patent case filed in 2008 and 2009 — decisions made between 2009 and 2013. We consider not just patent validity but also infringement and unenforceability. Moreover, we relate the outcomes of those cases to a host of variables, including variables related to the parties, the patents, and the courts in which those cases were litigated. The result is a comprehensive picture of the outcomes of modern patent litigation, one that confirms conventional wisdom in some respects but upends it in others. In particular, we find a surprising amount of continuity in the basic outcomes of patent lawsuits over the past twenty years, despite rather dramatic changes in who brought patent suits during that time.
Suggested Citation: Suggested Citation
Allison, John R. and Lemley, Mark A. and Schwartz, David L., Understanding the Realities of Modern Patent Litigation (May 29, 2014). 92 Texas Law Review 1769 (2014); Chicago-Kent College of Law Research Paper No. 2014-12; Stanford Public Law Working Paper No. 2442451. Available at SSRN: https://ssrn.com/abstract=2442451
By Mark Lemley