I wanted to thank my panelists on the recent panel Key ED Texas Patent Decisions
& Federal Circuit Trends at the 2012 Eastern District Bench/Bar. We reviewed leading ED Texas patent decisions and
trends in the Federal Circuit with panelists
Jennifer
Parker Ainsworth, Peter Corcoran and Judge Roy Payne, with a last-minute assist by Wes Hill. (Thanks to David Provines for photos of our panel).
I wanted in particular to thank Peter for his work analyzing the last five years of Eastern District cases. It's to be the subject of a lengtheir post in the near future, but we did decide to use the two graphs attached to this post in the presentation.
The first shows affirmance rates for ED cases in the Federal Circuit since 2008, using "bar years", i.e. from one ED bench/bar in September/October to the next. We chose 2008 because that was the year In re Volkswagen was decided by the Fifth Circuit, thus providing a pre-In re VW benchmark for mandamus filings.
The results show (1) overall merits appeals decided; (2) merits affirmed; (3) overall mandamus rulings; and (4) mandamus denials, i.e. affirmances of the trial court.
The second chart shows merits wins plaintiff and defendant, as well as mandamus wins, plaintiff versus defendant.
