The Impact of Prosecution Length on Infringement Outcomes in Patent Litigation
By EsqSocial Corporation 01/04/25
This article continues our analysis of over 89,000 patents to determine how the number of office actions to allowance during prosecution impacts litigation outcomes. Last month we discussed how prosecution length impacts invalidity rates during litigation. Now we discuss how it impacts findings of infringement. *This article is excerpted from the authors’ recent article in volume 38, issue 1 of the Harvard Journal of Law & Technology titled “The Myth of “Bad” Patents: Impact of Prosecution...
By: Baker Botts L.L.P.