Tuesday, July 15, 2014

Patentees win only 33% of litigations

One observation from the PriceWaterhouse 2014 Patent Litigation Study :

NPEs have been successful 25% of the
time overall, versus 35% for practicing
entities, due to the relative lack of success
for NPEs at summary judgment. However,
both types of entities win about two-thirds
of their trials.

Hmmm, this indicates patent holders of all types are more often to lose, than to win, infringement suits, with the winning percentage well below 50%. [See chart 6A of the report, with the numbers suggesting "practicing entities" have about 54% SJs and about 46% trials]. Chart 9a suggests that the overall success rate for patentees is only 33%, with only two judicial districts [ED TX and MD FL) giving patentee success rates above 50%.

Chart 3 gives a "top 10" in damage awards, with number 2 being the 2007 Lucent v. Microsoft case on MP3 technology and number 8 being Eolas v. Microsoft.

As to definition, the study states:
A nonpracticing entity (NPE) is
defined as an entity that does not have
the capability to design, manufacture,
or distribute products with features
protected by the patent.


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