Defendants Win Summary Judgment Less Often Than Plaintiffs for Infringement and Invalidity
September 23, 2020
RPX data on district court outcomes reveal that summary judgment grant rates vary by party type for two of the most significant issues commonly raised at that stage: infringement and invalidity.
An analysis of such grant rates broken down by issues raised (and excluding summary judgments not addressing the issues of infringement or invalidity) indicates that plaintiffs see a similar grant rate for both issues (around 44%). However, defendants win summary judgment less often for both issues, prevailing on infringement 37% of the time and 20% for invalidity.
Summary judgment grant rates also vary significantly by district, with the Eastern District of Texas granting such motions to a much lesser extent than other notable districts. See here for a further breakdown by district.
