Who Wins Patent Infringement Cases?

American Intellectual Property Law Association Quarterly Journal, Vol. 34, p. 1, 2006

Posted: 13 Feb 2007

See all articles by Paul M. Janicke

Paul M. Janicke

University of Houston Law Center

LiLan Ren

University of Houston

Abstract

An empirical study of the results of patent litigation at the appellate level during the period 2002-2004. Dispositive case results, i.e., those not involving a remand on the merits, are compiled. Patent owners won 24.43% of the cases and accused infringers the remainder. The cases were further analyzed to determine the characteristics of winning and losing parties, including nationality, financial strength, location of principal offices, and several other factors. Tribunals involved were also analyzed in terms of location of the district court and makeup of the appellate panel. Variations in results among different technologies were also considered.

Based upon a multivariate regression analysis, statistically significant factors in the win-lose equation appear to be financial strength, appellate panel makeup, and type of law firm employed on appeal. Less significant were nationality and the supposed hometown advantage. The particular type of technology involved may have had a marginal correlation to success.

Keywords: patent, infringement, federal circuit, win, win rate, validity, enforceability, size, home turf

Suggested Citation

Janicke, Paul M. and Ren, LiLan, Who Wins Patent Infringement Cases?. American Intellectual Property Law Association Quarterly Journal, Vol. 34, p. 1, 2006. Available at SSRN: https://ssrn.com/abstract=960633

Paul M. Janicke (Contact Author)

University of Houston Law Center ( email )

4604 Calhoun Road
Houston, TX 77204-6060
United States
713-743-2164 (Phone)

HOME PAGE: http://www.law.uh.edu

LiLan Ren

University of Houston ( email )

Houston, TX 77204
United States

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