CASE

OUTCOMES

Defining wins and losses in the Docket Navigator database

WHITE PAPER
Case Outcomes
The complicated, but necessary, process of determining wins and losses in federal patent cases.
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How does Docket Navigator ensure the most complete and accurate reporting of litigation wins and losses possible?

Patent litigation can be messy and confusing, overwhelming even to the most experienced of judges and practitioners. To parse out the wins and losses, knowledge of case management, claim construction, patent determinations, transfers, consolidations, severances and stays is vital. Breaking cases down to the accusation level is a necessary step in the classification of winners and losers.

Extracting outcomes is a multistep process.

  • Catalogue the components of an accusation
  • Determine the outcome of the accusation
  • Categorize accusation outcomes into one case outcome

STEP ONE

Define Accusations

Accusations are similar in concept to a “cause of action” or a “claim for relief.” They have three basic components.

Patentee

The party that claims a right to enforce the patent at issue.

Patent Number

The number of the patent asserted by the Patentee.

Patent Challenger

The party that is either accused of infringement or is challenging the validity or enforceability of the patent. In either scenario, this party is called the Patent Challenger.

What if there are multiple parties, and/or multiple patents? Here is an example of what the Accusations look like in a case that has one Patentee asserting three patents against two Patent Challengers:

Patentee Patent Number Patent Challenger
5th Street Solutions LLC 10503419 Poly Group PLC
5th Street Solutions LLC 10503419 Poly Limited
5th Street Solutions LLC 8664924 Poly Group PLC
5th Street Solutions LLC 8664924 Poly Limited
5th Street Solutions LLC 7600661 Poly Group PLC
5th Street Solutions LLC 7600661 Poly Limited
STEP TWO

Assign Outcome to Accusations

Outcomes indicate whether the Accusation was resolved in the Patent Challenger’s favor, the Patentee’s favor, via settlement, or in a non-merits decision. Here is what the Accusations might look like once all questions of liability have been answered and Outcomes are applied.

Docket Navigator categorizes outcomes into these four broad categories:

Patentee Patent Patent Challenger Outcome
5th Street Solutions LLC 10503419 Poly Group PLC Settled/Voluntarily Dismissed
5th Street Solutions LLC 10503419 Poly Limited Patentee Won
5th Street Solutions LLC 8664924 Poly Group PLC Settled/Voluntarily Dismissed
5th Street Solutions LLC 8664924 Poly Limited Patent Challenger Won
5th Street Solutions LLC 7600661 Poly Group PLC Settled/Voluntarily Dismissed
5th Street Solutions LLC 7600661 Poly Limited Non-Merits Dismissal
  • Patentee Win
    • If the Patentee succeeds in establishing liability (infringement of a valid, enforceable patent), this is considered a win for the Patentee.
  • Patent Challenger Win
    • If the Patent Challenger succeeds in establishing that a patent is invalid, unenforceable, or not infringed, this is considered a win for the Patent Challenger.
  • Non-merits Dismissal
    • If the accusation is dismissed on procedural grounds such that the issues of infringement, validity or enforceability are never reached, this is considered a non-merits dismissal. Common examples include Rule 12 motions.
  • Settled/Voluntary Dismissal
    • If the parties settle, or if a component of an Accusation is voluntarily withdrawn or dropped from the case, and the decision to do so was not prompted by an unfavorable ruling, this is classified as Settled/Voluntarily Dismissed.
STEP THREE

Assign Outcomes to Cases

In a Patent Case, the phrase “Case Outcome” can be somewhat confusing. Some claims and counterclaims in the case may be won, others lost and still others settled, making it difficult to discern who “won” or “lost” the case. In Docket Navigator, Case Outcomes are based on Accusation Outcomes. Once all of the Accusations in a case are resolved, Accusation Outcomes can be applied. Docket Navigator then categorizes Cases into four classifications based on the mix of Accusation Outcomes in those Cases.

Patentee Win

A Patentee win includes cases with only one or more of the following accusation outcomes:

  • Patentee Win
  • Non-Merits Dismissal (in declaratory judgment cases and PTAB cases)

Patent Challenger Win

A Patent Challenger win includes cases with only one or more of the following accusation outcomes:

  • Patent Challenger Win
  • Non-Merits Dismissal (in non-declaratory judgment cases)

Mixed

A Mixed outcome includes cases with a combination of Patentee Win and Patent Challenger Win accusation outcomes.

Settled/Voluntarily Dismissed

Settled or Voluntarily Dismissed outcomes includes cases with only settled or voluntarily dismissed accusation outcomes.

TRACKING OUTCOMES

Weekly Outcomes Report

Docket Navigator is delighted to announce a new feature in beta, the Weekly Outcomes in Patent Litigation.  It’s a great way to stay on top of the wins, losses and settlements in patent cases, with direct links to the case and individual accusation outcomes for each party.

View A Sample Report

Read the White Paper

If you still have questions after reading the summary, want to know more about how Docket Navigator derives case outcomes, or want to see some real life examples, download the Case Outcomes white paper.
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