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Progression and Workload in Civil Litigation: An Empirical Analysis of Patent Disputes

41 Pages Posted: 20 Aug 2017 Last revised: 11 Sep 2017

Christopher Anthony Cotropia

University of Richmond School of Law

Jay P. Kesan

University of Illinois College of Law

Kyle Rozema

University of Chicago - Law School

David L. Schwartz

Northwestern University - Pritzker School of Law

Date Written: September 8, 2017

Abstract

We investigate the workload of litigants and judges through the main stages of litigation. To facilitate a more robust study of civil litigation, we parse litigation docket entries to establish the timing of litigation milestones and to generate new workload measures for the litigants and judges. Using patent infringement lawsuits as a case study, we find descriptive evidence suggesting that litigation progresses in distinct stages rather than as a continuous process, with each stage being defined by a period of enhanced activity by the litigants and judges of roughly six times the activity in other periods.

JEL Classification: K41, K40, K10

Suggested Citation

Cotropia, Christopher Anthony and Kesan, Jay P. and Rozema, Kyle and Schwartz, David L., Progression and Workload in Civil Litigation: An Empirical Analysis of Patent Disputes (September 8, 2017). University of Illinois College of Law Legal Studies Research Paper No. 17-37. Available at SSRN: https://ssrn.com/abstract=3021903

Christopher Anthony Cotropia

University of Richmond School of Law ( email )

28 Westhampton Way
Richmond, VA 23173
United States

Jay P. Kesan (Contact Author)

University of Illinois College of Law ( email )

504 E. Pennsylvania Avenue
Champaign, IL 61820
United States
217-333-7887 (Phone)
217-244-1478 (Fax)

HOME PAGE: http://www.jaykesan.com

Kyle Rozema

University of Chicago - Law School ( email )

1111 E. 60th St.
Chicago, IL 60637
United States

HOME PAGE: http://www.kylerozema.com

David L. Schwartz

Northwestern University - Pritzker School of Law ( email )

375 E. Chicago Ave
Chicago, IL 60611
United States

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