SSRN Electronic Journal · 2007 · 46 citations · 0 references
Open access
LawIntellectual Property LawIntellectual PropertyPatent LawPatent LitigationPatent AppealsPatent InfringementAppellate OversightDamages For InfringementDamages In Patent LitigationEmpirical EvaluationFinancial Strength Assessment
The study examines appellate patent litigation outcomes from 2002 to 2004. The authors compiled dispositive appellate decisions and analyzed them for party characteristics, court and panel composition, and technology type. Patent owners prevailed in only 24.43% of cases, with financial strength, appellate panel makeup, and law firm type being the most significant predictors of success; nationality, hometown advantage, and technology type were less influential.
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.