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PATENT LITIGATION REMEDIES: SOME STATISTICAL OBSERVATIONS PowerPoint PPT Presentation


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PATENT LITIGATION REMEDIES: SOME STATISTICAL OBSERVATIONS. PROF. PAUL JANICKE UNIVERSITY OF HOUSTON LAW CENTER. 2005 PATENT DISPOSITIONS [2,231]. 2006 PATENT DISPOSITIONS [2,416]. DISPOSITION MODES FOR OTHER KINDS OF CASES -- 2004. HOW DISPOSITION MODES CHANGED OVER TIME.

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PATENT LITIGATION REMEDIES: SOME STATISTICAL OBSERVATIONS

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PATENT LITIGATION REMEDIES: SOME STATISTICAL OBSERVATIONS

PROF. PAUL JANICKE

UNIVERSITY OF HOUSTON LAW CENTER


2005 PATENT DISPOSITIONS [2,231]


2006 PATENT DISPOSITIONS [2,416]


DISPOSITION MODES FOR OTHER KINDS OF CASES -- 2004


HOW DISPOSITION MODES CHANGED OVER TIME


NUMBER OF CASES BROUGHT

  • PEAKED AT 3,075 IN FY2004

  • DIPPED TO 2,720 IN2005

  • 2,830 IN 2006

    * SOURCE: ADMIN. OFFC. of U.S. COURTS ANNUAL RPTS.


FY2006 BUSIEST PATENT DISTRICTS:


COST OF GETTING TO JUDGMENT

  • COUNSEL FEES and RELATED COSTS PER AIPLA 2005 SURVEY:

    • $4,500,000 [NATIONWIDE MEDIAN, CASES INVOLVING >$25M]

    • REALITY: PROBABLY VALID FOR “REGULAR” CLIENTS AND HOURLY BILLING

    • REALITY: CONTINGENCY AND SMALL TROLL REPRESENTATIONS PROBABLY MUCH LOWER


  • DISRUPTION COSTS OF LITIGATION ARE HIGH FOR LARGE ENTITIES

  • TIME TO JUDGMENT IS IMPORTANT

    • BIG COS. FEEL PRESSURED TO SETTLE EARLY


WHAT ARE THE JURY VERDICTS?

  • NOT SO HIGH

    • PRESS CAPTURES ONLY THE HIGH-NUMBER VERDICTS

  • IN 2005-2006, VERDICTS WERE MODEST VIS-A-VIS PRESS COVERAGE IMPRESSIONS

    SOURCE: COURT DOCKET SHEETS


PATENT VERDICTS – 2005-2006


PATENT VERDICTS – 2005-2006


PATENT VERDICTS – 2005-2006


PATENT VERDICTS – 2005-2006


PATENT VERDICTS – 2005-2006


PATENT VERDICTS – 2005-2006


PATENT VERDICTS – 2005-2006


MEDIAN WINNING VERDICT

  • $4,167,936

  • ONLY VERDICTS ARE VIEWED HERE

  • FINAL JUDGMENT CAN BE HIGHER DUE TO INTEREST AND POSSIBLE ENHANCEMENT; OR LOWER DUE TO REMITTITUR OR JMOL

  • IF THE 2007 VERDICT IN LUCENT v. MICROSOFT STANDS ($1.5B), THE MEDIAN WILL BE NUDGED UP


BY DISTRICTS

  • LOOKING AT SOME HIGH-VOLUME DISTRICTS FOR 2005-06:


GROUPED BY DISTRICT


GROUPED BY DISTRICT


GROUPED BY DISTRICT


GROUPED BY DISTRICT


HOW LONG DOES IT TAKE?

  • TIME FROM FILING TO JUDGMENT IN THE DISTRICT COURT

    • FOR SETTLED CASES: SEE THE NEXT SLIDE

    • FOR ADJUDICATED CASES: SEE THE SLIDE FOLLOWING IT

      SOURCE: FROM DISPOSITION INFORMATION CONTAINED IN FED. JUDICIAL CENTER, INTEGRATED DATABASE 2006


Duration of Settled Cases – FY06


Duration of Non-Settled Cases – FY06


COMMENTS

  • MOST SETTLEMENTS COME EARLY

  • FOR NON-SETTLED CASES:

    • THE EARLY YELLOW BAR IS MAINLY DEFAULTS

    • DARK GREEN BARS ARE MAINLY SUMMARY JUDGMENTS

    • LIGHT GREEN BARS ARE TRIALS

    • BRIGHT GREEN BAR AT RIGHT IS A MIX OF LATE DISPOSITIONS


IMPACT OF eBAY ON PERMANENT INJUNCTIONS

  • SOME

  • RATE OF DENIAL PRE-eBAY WAS 16%

  • NOW IT IS ABOUT 25%

    SOURCES: LEXIS AND WESTLAW RESEARCH; DOCKET SHEETS


APPELLATE POST- eBAY RULINGS ON PERMANENT INJUNCTION


POST-eBAY DISTRICT COURT RULINGS ON PERMANENT INJUNCTION


COURTS HAVE NOT YET FULLY ANALYZED THE CHOICES

  • RISKS OF REPETITIVE LITIGATION DROVE THE PRE-eBAY CASES

  • CHOICE TODAY REALLY IS:

    • DEALING WITH ANY FUTURE PROBLEMS BY CONTEMPT PROCEEDING

    • DEALING WITH ANY FUTURE PROBLEMS BY FOLLOW-ON LAWSUIT (WITH INJUNCTION NEXT TIME AROUND; TREBLE DAMAGES; ATTORNEY FEES)


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