Recalculating the numbers to represent 100% of the study, we can arrive at an estimate of the success probability based on the data from the patentee and infringer claim construction win ratio, and broader versus narrower construction including which prevailed.

Concise and longer claim construction was not considered since we have no idea how the DM claim construction would fit into the analysis.

Of the claim construction adopted the patentee won 70.9% and the infringer won 29.1%.

Broader claim construction by the patentee won 77.8% and 44.4% when the infringers had the broader claim construction.

When the infringers had the broader claim construction they won 55.6% and 22.2% when the patentee had the broader claim construction.

Combining these two, we can calculate an average of 61.1% for the patentee and 38.9% for the infringer.

Comingling the above elements we can estimate the favorable success for the patentee to be 66% and 34% for the infringer.

Simply put, I estimate the probable DM favorable ruling to be 66%, based on the 2009 data as presented by sman998.