Milestone or Litigation Milestone

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A Milestone (sometimes referred to as a Litigation Milestone) is […]

A Milestone (sometimes referred to as a Litigation Milestone) is a stage of the litigation process such as claim construction, summary judgment, entry of a damage award or injunction, trial, etc. Each Milestone is defined as the filing of one or more of a group of documents related to that Milestone. For example, filing of a jury verdict would indicate the proceeding had reached the Jury Trial Milestone. Individual Milestones are defined below:

Claim Construction - This Milestone 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 on motions for summary judgment, motions for judgment as a matter of law, motions for judgment on the pleadings, and many others. Docket Navigator records Claim Constructions as a group of data consisting of (i) the term or phrase being construed, (ii) the definition (construction), and (iii) the patent number.

Patentee MSJ - This Milestone includes orders on summary judgment motions filed by patentees including (i) motions for summary judgment of infringement, (ii) motions for summary judgment that a claim or defense of invalidity is without merit, and (iii) motions for summary judgment that a claim or defense of unenforceability is without merit. The Milestone indicates that a ruling was made, not the outcome of the motion.

Infringement – This Milestone includes orders that include a Patent Determination of “Infringed.” This Milestone is based on the existence of a Patent Determination, not the type of order.

Patent Not Invalid - This Milestone includes orders that include a Patent Determination of “Not invalid.” This Milestone is based on the existence of a Patent Determination, not the type of order.

Patent Enforceable - This Milestone includes orders that include a Patent Determination of “Not unenforceable.” This Milestone is based on the existence of a Patent Determination, not the type of order.

Patent Challenger MSJ - This Milestone includes orders on summary judgment motions filed by patent challengers/accused infringers including (i) motions for summary judgment of noninfringement, (ii) motions for summary judgment of patent invalidity, and (iii) motions for summary judgment of patent unenforceability. The Milestone indicates that a ruling was made, not the outcome of the motion.

Noninfringement – This Milestone includes orders that include a Patent Determination of “Not infringed.” This Milestone is based on the existence of a Patent Determination, not the type of order.

Patent Invalid - This Milestone includes orders that include a Patent Determination of “Invalid.” This Milestone is based on the existence of a Patent Determination, not the type of order.

Patent Unenforceable - This Milestone includes orders that include a Patent Determination of “Unenforceable.” This Milestone is based on the existence of a Patent Determination, not the type of order.

Damages – This Milestone includes orders that award a Damages Remedy. The chart does not reflect changes that may apply to the awards at a later date, e.g., reconsideration or reversal on appeal. This Milestone is based on the existence of a Remedy, not the type of order.

Injunction/Ongoing Royalty - This Milestone includes orders that award a Permanent Injunction or Ongoing Royalty (sometimes awarded in lieu of a Permanent Injunction) Remedy. The chart does not reflect changes that may apply to the awards at a later date, e.g., reconsideration or reversal on appeal. This Milestone is based on the existence of a Remedy, not the type of order.

Enhanced Damages/Attorney Fees - This Milestone includes orders that award Enhanced Damages or Attorney Fees Remedies. The chart does not reflect changes that may apply to the awards at a later date, e.g., reconsideration or reversal on appeal. This Milestone is based on the existence of a Remedy, not the type of order.

Sanctions - This Milestone includes orders that award Sanctions Remedies. The chart does not reflect changes that may apply to the awards at a later date, e.g., reconsideration or reversal on appeal. This Milestone is based on the existence of a Remedy, not the type of order.

Jury Trial - This Milestone includes orders and documents of the type that typically occur near the time of a jury trial such as Jury Instructions and Verdicts. It does not indicate the exact date of trial.

Bench Trial - This Milestone includes orders and documents of the type that typically occur near the time of a bench trial such as Findings of Fact and Conclusions of Law. It does not indicate the exact date of trial.

Transfer - This Milestone includes orders on motions requesting transfer of the case to another court or judge including orders on motions to transfer venue for convenience under 28 U.S.C. § 1404(a), for improper venue under 28 U.S.C. § 1406(a), under the first to file rule, under the Patent Pilot Program, or any other basis.

Stay - This Milestone includes orders on motions requesting a stay of all or a portion of the proceeding for any reason.

Likely Settlement - This milestone occurs when PACER, EDIS, or PTAB E2E reports a Patent Case as terminated and the terminated case did not reach any of the Milestones listed above.

Mature Termination - This milestone occurs when PACER, EDIS, or PTAB E2E reports a Patent Case as terminated and the terminated case reached at least one of the Milestones listed above.

Appeal - This milestone is based on the filing of a document indicating an appeal of the proceeding such s a Notice of Appeal.

 

Last Updated: July 19, 2023

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