tag:blogger.com,1999:blog-5574479.post226244027469801312..comments2024-03-28T16:45:51.051+00:00Comments on The IPKat: Do the courts love IP? More from the UK ... and ChinaVerónica RodrÃguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger3125tag:blogger.com,1999:blog-5574479.post-4772461149794453282009-01-30T02:47:00.000+00:002009-01-30T02:47:00.000+00:00What a snapshot! Thank you, Mr. Groves.What a snapshot! Thank you, Mr. Groves.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-53710668169055893772009-01-29T23:26:00.000+00:002009-01-29T23:26:00.000+00:00The selection bias is huge. If a patent is clearl...The selection bias is huge. If a patent is clearly invalid, why would it be asserted (at least all the way to trial). Generally, if the patent is clearly valid, why would the defendant spend them money to fight to trial, rather than negotiate a settlement. <BR/><BR/>Consequently, most cases which arive at trial are the 'close calls' where reasonable people can disagree as to whether the patent is valid or invalid. <BR/><BR/>You can get similar data from looking at appeals in various jurisdictions. Where appeals are onerous, they will be sucesfull most of the time, as they are only undertaken in the clearest cases. Where the costs are modest, they will be sucesful about half the time, as they will be taken whenever there is a good argument. When the appeal costs are minimal, the appeal will be sucesful rarely, as everyone appeals irregardless of the merits.<BR/><BR/>The % overturned on appeal figures then often have little to do with the quality of the Court or tribunal being reversed, and more with the procedural and cost mechanisms behind the appeal process. (Individual judge/panel quality would vary though, so if 100% of judge X's decisions are appealed, but the overall appeal rate is 50%, it suggests judge X is doing something very wrong.)Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-40537254604299822972009-01-29T12:57:00.000+00:002009-01-29T12:57:00.000+00:00Thanks for the table. You say it looks fairly eve...Thanks for the table. You say it looks fairly even, and I agree. But surely, given that the applications have gone through a (rigorous) examination process, a lot more should be held to be valid than invalid?Anonymousnoreply@blogger.com