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Document details

Understanding the Realities of Modern Patent Litigation

Published on Oct 14, 2014

Hoover IP²
About

Sixteen years ago, two of us published the first detailed empirical look at patent litigation. That study provided a wealth of valuable information about patent validity litigation, including the discovery that nearly half of all patents litigated to judgment were held invalid. But it was also limited in various respects. The study was based only on patent validity decisions that finally resolved the case on the merits, and only on those that had been reported in published decisions. The latter limitation meant that most of the decisions were appellate. Importantly, the cases serving as the study’s data sources are now on average more than twenty years old.

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