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Trending Down: Contested Judgment Win Rates in Patent Cases 2000-2013

Trending Down: Contested Judgment Win Rates in Patent Cases 2000-2013. By Greg Upchurch LegalMetric Director of Research J.D.-Yale Law School. Contested Win Rates for Most Active Judges. Contested Win Rates for Most Active Judges.

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Trending Down: Contested Judgment Win Rates in Patent Cases 2000-2013

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  1. Trending Down: Contested Judgment Win Rates in Patent Cases 2000-2013 By Greg Upchurch LegalMetric Director of Research J.D.-Yale Law School

  2. Contested Win Rates for Most Active Judges First in Litigation Analysis . . . Since 2002 www.legalmetric.com 314-432-3001

  3. Contested Win Rates for Most Active Judges • From 2000 to 2013 the contested win rates in patent cases have trended lower (36% to 25%) for the most active judges (those with at least 20 contested judgments over the period). • For these judges, there was a significant peak (53%) in 2004, but otherwise the rate has been 40% or lower. First in Litigation Analysis . . . Since 2002 www.legalmetric.com 314-432-3001

  4. Contested Win Rates for All Other Judges First in Litigation Analysis . . . Since 2002 www.legalmetric.com 314-432-3001

  5. Contested Win Rates for All Other Judges • For all the remaining judges (those with fewer than 20 contested judgments over the period), there was a much smaller decline from 2000 to 2013 (from 25% to 20%) • The peak in 2004 which appeared for the most active judges is absent for the remaining judges • By 2013, the 20 most active judges had roughly 1/3 of all the contested judgments First in Litigation Analysis . . . Since 2002 www.legalmetric.com 314-432-3001

  6. Author Information • Greg Upchurch is Director of Research for LegalMetric-a St. Louis data mining firm specializing in federal court data since 2002 • He has a J.D. from Yale Law School • He is the author of Intellectual Property Litigation Guide (West Publishing, a Thomson company) • greg@legalmetric.com First in Litigation Analysis . . . Since 2002 www.legalmetric.com 314-432-3001

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