Case Outcome

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In a Patent Case, the phrase “Case Outcome” can be […]

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 all of the Accusations in a case are resolved, Accusation Outcomes can be applied. Docket Navigator then categorizes Cases into five classifications based on the mix of Accusation Outcomes in those Cases.

  • “Patentee Win”
    • The case only has Patentee Win accusation outcomes.
    • The case has Patentee Win accusation outcomes mixed with Settled accusation outcomes.
  • “Patent Challenger Win”
    • The case only has Patent Challenger Win accusation outcomes.
    • The case has Patent Challenger Win accusation outcomes mixed with Settled accusation outcomes.
  • “Non-Merits Dismissal”
    • The case only has Non-Merits Dismissal accusation outcomes.
    • The case has Non-Merits Dismissal accusation outcomes mixed with Settled accusation outcomes.
  • Mixed” includes cases with a combination of the above types of outcomes.
  • “Settled/Voluntarily Dismissed” includes cases with only settled or voluntarily dismissed accusation outcomes.

For ITC cases, the Case Outcomes are derived from Accusation Outcomes collected directly from the ITC.

For PTAB cases, the Case Outcomes are derived from the findings of patentability made by the Board, or from institution denial.

Currently the Case Outcomes reflected in search results and charts in the database are the original, lower court outcomes. Post-appeal outcomes are not currently counted. For example, if a case is dismissed as a result of a 12(b)(6) ruling, which is then overturned by the Federal Circuit and ultimately results in a settlement, only the 12(b)(6) outcome will be counted/displayed in search results. This means that the outcomes displayed in search results and charts may not be the final Case Outcome.

Last Updated: July 19, 2023

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