Understanding the Realities of Modern Patent Litigation

Abstract

Sixteen years ago, two of us published the first detailed empirical look atpatent litigation. In this Article, we update and expand the earlier studywith a new hand-coded data set. We evaluate all substantive decisionsrendered by any court in every patent case filed in 2008 and 2009 —decisions made between 2009 and 2013. We consider not just patent validitybut also infringement and unenforceability. Moreover, we relate theoutcomes of those cases to a host of variables, including variables relatedto the parties, the patents, and the courts in which those cases werelitigated. The result is a comprehensive picture of the outcomes of modernpatent litigation, one that confirms conventional wisdom in some respectsbut upends it in others. In particular, we find a surprising amount ofcontinuity in the basic outcomes of patent lawsuits over the past twentyyears, despite rather dramatic changes in who brought patent suits duringthat time.

Other options to resolve patent infringement dispute, experiences from China

“…Even more significant is that such agreements can prevent the infringer from bringing invalidation proceedings against the patent. Research has pointed out that most of the lawsuits will be settled before merits decision, 49,50,51 and that settlement and licensing agreements are the underlying reason for patentees to initiate infringement litigation. 52 Thus, we can conclude that agreements are the most ideal way for patentees to get rewarded; however, these agreements are not easy even under the court's mediation, unless one of the parties is under some pressure.…”

PatentInspector: An Open-Source Tool for Applied Patent Analysis and Information Extraction

“…Specifically, the number of annual patent applications has almost tripled in the last two decades, according to a study conducted by the World Intellectual Property Organization (WIPO) [1], rendering patent documents more valuable than ever before. Patents are widely considered as a safe choice for large companies and organizations to secure commercial rights, avoid litigation actions and retain their competitive advantage [2].…”

“…Word counts both with and without stop word removal are included 2. Multiple lines are shown within the same line chart 3.…”

Sue First, Negotiate Later

“…There are many studies that examine litigation and licensing efforts 23 and outcomes. 24 A few studies have considered licensing through the litigation-threat process-usually called demand letters. 25 But these studies do 21.…”