Some Current Patent Infringement Case Statistics

By: Thomas H. "Tom" Adolph

Professor Paul Janicke of the University of Houston IPIL Institute has compiled interesting and informative statistics concerning certain trends in U.S. patent litigation.  These statistics are available at http://www.patstats.org/editors_page.rev4.html.

Some of Professor Janicke’s most recent collections of data reveal the following about current patent litigation (and other IP litigation):

1. In the government’s fiscal year 2006, the Eastern District of Texas rose to the #2 spot in patent infringement filings, just behind perennial leader Los Angeles.  The Northern District of Texas also rose to #13.  For many years, the favorite “rocket docket” had been the Eastern District of Virginia.  That district has dropped to #25.
2. Filings of patent infringement cases have increased almost 350% since 1974.  Since 1970, all IP lawsuit filings have increased more than 550%.  The increase in patent infringement filings roughly matches the increase in patent issuances in the same time.
3. In fiscal year 2004, 2029 patent infringement cases were dropped from the dockets by adjudication or by settlement.
4. Almost all patent cases are resolved by settlement.  In fact, settlements have risen, as a percentage of all patent cases resolved, from 79% in 1979 to 86% in 2004.  In 2004, settlements in patent cases occurred at a significantly higher rate (86%) than in other civil cases (74%).  Most settlements involve dismissals.  The percent of consent judgments is dropping.
5. As with all civil matters, trial of patent cases remains a rarity.  Only 3.2% (78 cases) of all patent cases resolved in 2004 were resolved by trial.  However, when compared to all civil cases, patent cases have a higher rate of trials.  In 2004, patent cases reached trial (judge or jury trial) at a slightly higher rate (3.2%) than all civil cases (2.2%).  By contrast, trademark (1.1%) and copyright (0.9%) cases reach trial less often than other civil cases.
6. Jury trials in patent cases have remained constant as a percentage of all patent case resolutions (about 2%) over the last two decades, but the percentage of jury trials compared to judge trials has sky-rocketed.  In 2004, 77% (60 cases) of all patent infringement trails were jury trials. 
7. Over the last two decades, judge trials in patent cases have dropped drastically as a percentage of all patent cases resolved.  In 1979, judge trials were 8.3% of all resolved cases and 80% of all patent trials.  In 2004, judge trials had dropped to less than 1% (0.7%) of all cases resolved and 18% of all patent cases tried.
8. Over the last two decades, summary judgment has remained constant at slightly higher than 7% of all patent cases resolved.