Accusation Outcome

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In a Patent Case, an Accusation Outcome is the resolution […]

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 was no finding of infringement liability. In ITC investigations Accusation Outcome indicates the resolution of the Accusation with respect to the question of whether a violation of 19 U.S.C. §1337 occurred. In PTAB proceedings, Accusation Outcome indicates the resolution of the Accusation with respect to patentability of the challenged patent. Patent Accusation Outcomes indicate whether the Patent Accusation was resolved in the Patent Challenger’s favor, the Patentee’s favor, via settlement, or in a non-merits decision. Accusations resolved by the parties (e.g., via voluntary dismissal or settlement) are recorded as settlements. Accusation resolved by the court on grounds other than the merits of the patent claims are recorded as non-merits decisions. These can occur in a number of procedural settings, but most commonly are FRCP 12(b) dismissals for failure to state a claim, lack of personal jurisdiction, lack of subject matter jurisdiction, lack of standing, etc. See also Case Outcomes below.

Last Updated: July 19, 2023

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