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It's not a matter of win and loss rates. The vast majority of patent cases are settled without trial. Especially in EDTX, patent defendants know they cannot get
by WildUtah 10y ago
It's not a matter of win and loss rates. The vast majority of patent cases are settled without trial. Especially in EDTX, patent defendants know they cannot get a fair trial and settle to avoid the outrageous verdicts that come out of Gilstrap's courtroom.
And it costs millions to even go to court in EDTX because of the extra special discovery and expert costs and timing restraints Gilstrap imposes on defendants.
- chris_wot 10y agoWhich would tend to indicate that the defendants believe that they will lose badly, no? Thus the win and loss rates become interesting, because then it can be seen if the number of judgements against the defendants deviate significantly from the national mean.
- WildUtah 10y agoActually the multi-million dollar cost of litigating in EDTX for defendants (it's cheap for plaintiffs) is usually more than the plaintiffs are asking for to settle. So defendants that expect to win big still have to settle and pay or they'll ruin their business. Most EDTX patent defendants have under $10MM in revenue. Trolls target small companies in these suits more often than large ones.