Glossary Term: Defined Terms


In a Patent Case, an Accusation is a request for relief, the resolution of which could determine if a patent has been infringed or the patent’s validity or enforceability. For example, a case with one plaintiff asserting one patent against one defendant would involve one Accusation. A case with one [...]

Accusation Outcome

In a Patent Case, an Accusation Outcome is the resolution of an Accusation. In U.S. district court cases, the Accusation Outcome indicates the resolution of the Accusation with respect to the issue of liability. For example, a finding of noninfringement would be recorded as a Patent Challenger win because there [...]


ANDA Case indicates cases with at least one pleading asserting patent infringement under the Hatch-Waxman Act.

Case Outcome

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 [...]

Claim Construction

A Claim Construction occurs when a court or administrative agency defines or gives meaning to a patent claim or term in a Patent Case. In district court Patent Cases, Claim Constructions may occur in special orders called “Claim Construction Order” or “Markman Order,” but they may also occur in orders [...]

Firm Outcome

Like Case Outcomes, Firm 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 that Firm Outcome into five classifications based on the mix of Accusation Outcomes associated with that Firm's clients in those Cases. [...]

Highly Assertive Entities (HAE)

To identify HAEs, we begin by studying groups of related parties (hereafter called "affiliate groups" or just "groups"). An affiliate group's members are HAEs if the group meets at least 3 of the following criteria: The group has made at least 275 non-Orange Book Patent Accusations since 2012. The group [...]


The U.S. International Trade Commission (ITC) is an agency of the U.S. federal government that conducts administrative hearings on issues of patent infringement.

Legal Issue

The procedural and substantive legal concepts considered in the court or agency’s decision (ex. Contributory Infringement, Fair Use).

Local Counsel

"Local Counsel" is identified as a law firm which Has represented parties in a single state more than 5 times as frequently (by number of cases) as in all other states and venues combined, including PTAB and ITC. Has represented parties in at least 100 cases in that state.

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