Wednesday, December 8, 2010

PriceWaterhouseCoopers 2010 Patent Litigation Study -- M.D. Fla. has been a successful place for plaintiffs...

I learned via The 271 Patent Blog that PriceWaterhouseCoopers published its annual 2010 Patent Litigation Study. An interesting read indeed. The Middle District of Florida featured prominently:

Success rates for patent infringement plaintiffs 1995-2009
  1. M.D. Fla - 59.1%
  2. E.D. Tx. - 55.3%
  3. D. De. - 47.3 %
Success rates for patent infringement plaintiffs that survive summary judgment and go to trial 1995-2009
  1. M.D. Fla - 80.0%
  2. E.D. Tx. - 66.7%
  3. D.De. - 64.5%
Median time-to-trial from 1995-2009
  1. E.D. Va. - .93 years
  2. W.D. Wi - 1.07 years
  3. M.D. Fla. - 1.71 years
  4. D. De. - 1.89 years
  5. S.D. Tx. - 2.0 years
Some additional interesting observations:
  • median damages of $2.4m to $10.5m between 1995 and 2009
  • reasonable royalties continue to be predominant measure of damages
  • non practicing entities (f/k/a patent trolls) have been successful 31% of the time, compared with a 40% success rate for practicing entities
Lots of other interesting stuff in the report. I'd encourage you to go read it.

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