The Odds of Litigation

Today I have attended the International Forum of Intellectual Property (FORPIQ). Actually I am very proud to be on the organizing committee of this event.

I have gathered some interesting facts at some of the sessions:

• About 1.9% of all US patents will be subject to litigation. In the High-Tech field it is about 2-2.5%. (Presentation of Mr Gregory W. Schinn) (Source: J.O. Lanjouw & M.Schankerman (2003). Based on analysis of ~10,000 suits filed in US federal courts from 1978 – 1999, corrected for “truncation” effects).
• 90% of the potential litigation cases are settled before trial.
• The majority of the cases that go to trial are in favor of the plaintiff (57% success rate in the US from 1995-2007, Source: “A closer look 2008 Patent Litigation Study: Damage awards, success rates and time-to-trial” , PricewaterhouseCoopers LLP, 2008) (Presentation of Mr Bill Middleton)