A new article by Paul M. Janicke & LiLan Ren, Who Wins Patent Infringement Cases?, 34 AIPLA Q.J. 1 (2006), offers some data on patent infringement cases in the Federal Circuit. While there is no abstract, the following text from the introduction provides the gist of the article:
Numerous studies in recent years have focused attention on particular aspects of patent infringement litigation in the
United States.... No one, however, seems to have analyzed the results in terms of who ultimately “wins” patent litigations, meaning a judgment in favor of a particular party at the Federal Circuit Court of Appeals, for the full population of contested judgments. We undertook to fill that void by analyzing the dispositive decisions of that court over the three-year period from 2002 to 2004. By “dispositive” we mean a case in which, as it leaves the Federal Circuit, at least one claim of one patent is finally adjudicated to have been infringed and not invalid or unenforceable (i.e., a win for the patent owner), or in which it has been finally determined that no claim has these characteristics (a win for the accused infringer). We included all dispositive decisions of the Federal Circuit, whether by precedential opinion, non-precedential opinion, or per curiam affirmance without opinion under the court’s Rule 36. There were 262 such cases.
Below is a sample of their results, which reports how often each judge voted for the patentee. (Note: In reproducing this table, I moved Judge Lourie up two rows to maintain the descending order in the fourth column.) The Federal Circuit randomly assigns judges to panels.