今年のレポートでは特にパテント・ト○ール、もとい、NPEs (nonpracticing entities - companies that do not design, manufacture, or distribute products)の訴訟戦略にスポットを当てています。
Damage awards for NPEs have risen considerably in recent years. In fact, the median damages award for NPEs was more than triple the award for practicing entities over the last seven years ($12 million for NPEs, and $3.4 million for practicing entities). Contrasted with 1995-2001, the median damages award for NPEs was about the same when compared with practicing entities (roughly $5 million).
NPEs like juries - trial success rates for patent holders are much higher when decided by juries as compared to bench trials. In fact, jury success rates have consistently outperformed their bench counterparts every year since 1995. Since 1995, 55 percent of trials involving NPEs have been jury trials, as compared to only 41 percent of trials involving practicing entities. In addition to the rate of success at trial, recent awards by juries have been significantly greater, running several multiples of the amounts awarded by judges.
The most "patent friendly" jurisdictions (considering time-to-trial + overall success rate + median damage award) for 2009 were:
1 Virginia Eastern District Court
2 Texas Eastern District Court
3 Delaware District Court
4 Wisconsin Western District Court
5 California Central District Court
6 Florida Middle District Court
7 Texas Southern District
8 New Jersey District Court
9 Colorado District Court
10 Texas Northern District Court
10 Ohio Northern District Court (tie)