Analyzing Historical Data for Patent Infringement Cases

The recently created Intellectual Property Litigation Clearinghouse, hosted at Stanford University, has been collecting large amounts of information about patent infringement cases since 2000. Cornerstone Research, one of the co-sponsors for the Clearinghouse, has been analyzing the settlement and judgment data to determine if there are any patterns and to see if conventional wisdom may need adjustment. Cornerstone has analyzed settlement data for approximately 25% of the patent cases filed since January 2000 (through April 2008), and judgment outcomes from the approximately 44% of patent cases filed during this same time period that have reached judgment. This presentation focuses on cases filed in nine federal district courts, including E.D.Tex., N.D. Cal., C.D. Cal., and Delaware. The judgment analysis also includes some data addressing appeals and injunctions. Mary Woodford, who heads Cornerstone Research’s Intellectual Property practice and is an experienced damages expert working at Cornerstone, will present the results.