Empirical Evidence on the Validity of Litigated Patents
American Intellectual Property Law Association Quarterly Journal, Vol. 26, p. 185, 1998
Posted: 10 Sep 2001
There are 2 versions of this paper
Empirical Evidence on the Validity of Litigated Patents
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: Suggested Citation
John R. Allison
University of Texas - McCombs School of Business ( email )
CBA 5.202
University of Texas at Austin
Austin, TX 78712
United States
