On this page you will find data on patent litigation decisions, the litigated patents themselves, as well as a set of random patents matched to the litigated patents. As an example, the Figure above shows win rates (i.e., the fraction of patents found ``valid and infringed") in US courts at the quarterly level, factoring in both district and appellate decisions. It is Figure 1 in Henry and Turner (2016), referenced below, and includes a fitted line of estimated average win rates for five distinct eras.
These data were collected as part of a project sponsored by the National Science Foundation, "A Comprehensive Data Set of Published Patent Litigation Decisions 1929-2006 (SES-0751661) . I offer special thanks to Matthew D. Henry (Cleveland State University) and Thomas P. McGahee (Analysis Group, Inc.) for their excellent contributions to the data project and to the research flowing from the data. Thanks also to Esteban Afonso, Richard Fay and Bing Xu for helping build the data file. Additional support from the Kauffman Foundation / Georgia Research Alliance small grants program is gratefully acknowledged.
For each litigated patent, the data include a rich set of variables about the patent and the case. Before using these data, please download and read the following paper:
Henry, Matthew D.; McGahee, Thomas P.; Turner, John L. 2013. ``Dynamics of Patent Precedent and Enforcement: An Introduction to the UGA Patent Litigation Datafile," University of Georgia Working Paper.
This describes the data-collection process and discusses important things to know in using the data in empirical research. Any work making use of these data should cite this paper. You should also carefully read the codebooks provided below. The data come as Excel spreadsheets.
The following publications also carefully discuss characteristics of these data:
Henry, Matthew D.; Turner, John L. 2006. ``The Court of Appeals for the Federal Circuit's Impact on Patent Litigation, Journal of Legal Studies 35, 85-117.
Atkinson, Scott E.; Marco, Alan C.; Turner, John L. 2009. The Economics of a Centralized Judiciary: Uniformity, Forum Shopping and the Federal Circuit Journal of Law and Economics 52, 411-43.
Henry, Matthew D. 2013. The Market Effects of Patent Litigation Technology and Investment 4, 57-68.
Henry, Matthew D.; Turner, John L. 2016. Across Five Eras: Patent Validity and Infringement Rates in US Courts, 1929-2006, Journal of Empirical Legal Studies (forthcoming, September 2016)
Please contact me at firstname.lastname@example.org with further questions regarding the data. Best of luck with your research.
John L. Turner
Department of Economics
University of Georgia