Rush to Judgment? Trial Length and Outcomes in Patent Cases
Citation
Publication Date:
August 17, 2012
Bibliography:
Mark A. Lemley, Jaime Kendall, Clint Martin, Rush to Judgment? Trial Length and Outcomes in Patent Cases, Stanford Public Law Working Paper No. 2217690 (2012).
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We conduct a comprehensive study of all patent trials over the past eleven years. We find that juries are more favorable to patentees than judges, that (to our surprise) the length of a trial has no effect on its outcome, and that there are surprisingly modest differences between patentee win rates in favored jurisdictions like Delaware and the Eastern District of Texas.