Understanding the realities of modern patent litigation

John R. Allison, Mark A. Lemley, David L. Schwartz

    Research output: Contribution to journalArticlepeer-review

    51 Scopus citations

    Abstract

    Sixteen years ago, two of us published the first detailed empirical look at patent litigation. In this Article, we update and expand the earlier study with a new hand-coded data set. We evaluate all substantive decisions rendered by any court in every patent case filed in 2008 and 2009-decisions made between 2009 and 2013. We consider not just patent validity but also infringement and unenforceability. Moreover, we relate the outcomes of those cases to a host of variables, including variables related to the parties, the patents, and the courts in which those cases were litigated. The result is a comprehensive picture of the outcomes of modern patent litigation, one that confirms conventional wisdom in some respects but upends it in others. In particular, we find a surprising amount of continuity in the basic outcomes of patent lawsuits over the past twenty years, despite rather dramatic changes in who brought patent suits during that time.

    Original languageEnglish (US)
    Pages (from-to)1769-1801
    Number of pages33
    JournalTexas Law Review
    Volume92
    Issue number7
    StatePublished - Jan 1 2014

    ASJC Scopus subject areas

    • Law

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