Who Wins Patent Infringement Cases?

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