NPE Impact is Focus of PwC Study
A very useful study was recently released from PwC. “A Closer Look –Patent litigation trends and the increasing impact of nonpracticing entities” is an in-depth look at patent litigation in the U.S. The research was completed in August but distributed last week.
PwC includes a wealth of litigation trends and statistics, as well as data on which courts are more favorable to plaintiffs and defendants. Aron Levko led the PwC team that conducted “A Closer Look.”
Among the key findings:
• Damages awards for NPEs have averaged more than double those for practicing entities since 1995.
• NPEs have been successful 29 percent of the time overall versus 41 percent for practicing entities, due to the relative lack of success for NPEs at summary judgment; however, both have roughly a 2/3 win rate at trial.
• The disparity between jury and bench awards has widened and is likely the contributing factor in the significant increase in use of juries since 1995.
• While the median time-to-trial has remained fairly constant since 1995, significant variations exist between jurisdictions.
I wonder why PwC waited so long to release the study broadly?