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You may be making a mistake in trying to compare the plaintiff win rates between districts. If patent trolls/non-practicing entities with frivolous patents are
by AaronFriel 9y ago
You may be making a mistake in trying to compare the plaintiff win rates between districts. If patent trolls/non-practicing entities with frivolous patents are suing in EDT and still winning at proportional rates to other districts, then the district still favors those plaintiffs disproportionately.
It would take a lot of work to work out variables like that. What I would be curious about is what proportion of patent suits brought by non-practicing entities are filed in EDT, and what is their win rate there versus elsewhere, and an attempt at analysis of how broad the patents are.
Finally, I wonder if your win rate includes settlements? My understanding is that the combination of the win rate of plaintiffs, the speed of the court, and the higher cost of defending a patent suit in a remote district, most cases are settled. Is that true?
- dhimes 9y agoTo your point, I'm actually more interested in districts where troll suits are thrown out and never make it to trial. That was my understanding of the downside of the EDT: ridiculous suits could be heard, and the act of suing is being used as extortion.