Rush to Judgment? Trial Length and Outcomes in Patent Cases

Details

Author(s):
Publish Date:
2013
Publication Title:
AIPLA Quarterly Journal
Format:
Journal Article Volume 41 Issue 2
Citation(s):
  • Mark A. Lemley, Jaime Kendall & Clint Martin, Rush to Judgment? Trial Length and Outcomes in Patent Cases, 41 AIPLA Quarterly Journal (2013) (also Stanford Public Law Working Paper No. 2217690 (2012)).

Abstract

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.