Empirical Evidence on the Validity of Litigated Patents
Allison, John R., and Mark A. Lemley
AIPLA QJ 26 (1998): 185
“All patent lawyers have their own ideas about how patent litigation works. Juries are better than judges for certain types of cases, they might think. Courts are reputed to be tougher on patents in one district than in another, or in one area of technology than another. The Federal Circuit is pro-patent, according to some views, or anti-patent according to others. All of this “common knowledge” is anecdotal. It is based on the lawyer’s personal experience, or stories she has heard. It may be true, or it may be a myth.
Because patent litigation tends to be exceptionally costly, with legal expenses often exceeding one million dollars per party, lawyers and clients should be eager for more systematic data and fewer anecdotes about how patents actually fare in the courts and why.…”
Similar Papers
Koskenniemi, Martti
The Modern Law Review 70, no. 1 (2007): 1-30
https://doi.org/10.1111/j.1468-2230.2006.00624.x