Merits-Based Outcomes in US Patent Cases over the Past Decade

A look back at US patent litigation outcomes on the merits over the past decade shows that cases consistently get decided most often at summary judgment.

In particular, an analysis of cases closed per year and decided on the merits in 2010 through 2020 shows that patent suits end at summary judgment around 65-70% of the time, peaking at 83% in 2013 and dipping as low as 50% in 2016.

Bench trials, meanwhile, account for 5% to 35% of merits-based outcomes depending on the year, with a similar range for jury trials (5% to 34%).

Finally, the fewest cases get adjudicated on the merits through judgment as a matter of law (JMOL), with such outcomes ranging from 4% to 10%.