Background and Summary

©Copyright, 2007, LegalMetric, LLC, All Rights Reserved

The Supreme Court KSR decision was issued on April 30, 2007. Since the decision, nationwide patent owner win rates at first increased but then fell substantially below their long-term averages. Patent owner win rates are measured in two ways: 1. overall win rates, which include consent and default judgments, and 2. contested win rates, which do not.

LegalMetric extracted this win rate information from its database, which it also uses to generate District Judge Reports for all federal district courts.

Patentee Win Rates by Year

Patentee Win Rates, by Year

62.4 60.6 59.2 62.0 63.0 62.2 61.6 62.1

22.1 23.2 24.9 27.5 25.7 23.026.8 24.7

0.0

10.0

20.0

30.0

40.0

50.0

60.0

70.0

2000 2001 2002 2003 2004 2005 2006 2007

Perc

enta

ge

Overall Contested

©Copyright, 2007, LegalMetric, LLC, All Rights Reserved

2007 Patent Owner Win Rates, by Month

©Copyright, 2007, LegalMetric, LLC, All Rights Reserved

2007 Patent Owner Win Rates, by Month

41.2

55.6

69.7

79.5

63.252.9

71.768.4

29.4 27.819.5

31.3

46.7

23.114.3

18.1

0

10

20

30

40

50

60

70

80

90

Jan Feb Mar Apr May Jun Jul Aug

Perc

enta

ge

Overall Contested

Patent Owner Win Rates, Running Average

Patent Owner Win Rates, Running Average

47.555.3

69.770.9

62.66162.370.3

16.718.4

36.441.7

32.8

2431.3

23.7

0

10

20

30

40

50

60

70

80

Dec 2006-Feb 2007

Jan 2007-Mar 2007

Feb 2007-Apr 2007

Mar 2007-May 2007

Apr 2007-Jun 2007

May 2007-Jul 2007

Jun 2007-Aug 2007

Jul 2007-Aug 2007

Perc

enta

ge

Overall Contested

©Copyright, 2007, LegalMetric, LLC, All Rights Reserved