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Motion to Transfer Success Rates Before and After TC Heartland

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Presentation on theme: "Motion to Transfer Success Rates Before and After TC Heartland"— Presentation transcript:

1 Motion to Transfer Success Rates Before and After TC Heartland
44% 36% 14% 60% 49% 45% 57% 18% +5% +8% +43% -42% Source: Docket Navigator

2 How Do Different Venues Compare?
Section 101 motions Summary judgment Motions to stay pending IPR Time to trial, and length of trial

3 Section 101 Success Rates by Jurisdiction
E.D. Tex.: 34% D. Del: 52% C.D. Cal.: 61% N.D. Cal.: 53%

4 Summary Judgment Success Rates by Jurisdiction
E.D. Tex.: 18% D. Del: 32% C.D. Cal.: 36% N.D. Cal.: 34% Source: Love, Predictably Expensive: A Critical Look at Patent Litigation in the Eastern District of Texas, 20 Stan. Tech. L. Rev. 1 (2017)

5 Success Rates for Stays Pending IPRs by Jurisdiction
E.D. Tex.: 24% N.D. Cal.: % D. Del.: % Source: Warriner, Measuring The Success of Motions to Stay Pending IPR (June 6, 2017), Law360

6 Median Time to Trial by Jurisdiction
E.D. Tex.: 637 days D. Del.: 755 days C.D. Cal.: 722 days N.D. Cal.: 822 days Source: Lex Machina (Cases filed from 1/1/2012 to 12/12/17)

7 Trial Length by Jurisdiction
Jury trials E.D. Tex.: 6.18 days D. Del.: 7.96 days C.D. Cal.: 8.24 days N.D. Cal.: days Source: Lemley et al., Rush to Judgment? Trial Length and Outcomes in Patent Cases, AIPLA Quarterly Journal, Vol. 41, No. 2, at 169 (2013) Data includes trials from 1/1/2000 to 6/30/2011

8 Where Are NPEs Filing After TC Heartland?
Source: Lex Machina Cases filed by “high-volume” plaintiffs (i.e., parties who file at least 10 patent cases, excluding ANDA, within a 365-day period)


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