Progression and Workload in Civil Litigation: An Empirical Analysis of Patent Disputes
41 Pages Posted: 20 Aug 2017 Last revised: 22 Mar 2020
Date Written: September 8, 2017
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: Suggested Citation