A Blog About Intellectual Property Litigation and the District of Delaware

Entries for tag: Jury Verdict

Certain districts are famous for being better for plaintiffs. Your Texan districts immediately spring to mind.

There's always been a bit of a dearth in data to support the idea that those districts represent greener (read: more full of defendants' money) pastures than our own Delaware.

Stereotypical Average Texan Plaintiff
Stereotypical Average Texan Plaintiff Mathieu Stern, Unsplash

With that in mind, I decided to dig into the most easily ascertainable, and thus best, stat on win rates in our own Delaware. To that end, I submit the win rates for plaintiffs in patent jury trials before each of our 4 sitting judges over the last 2 years (I use Judge Andrews here because Judge Hall does not have a statistically significant number of jury …

Un-bifurcated (but probably not worth $42m)
Un-bifurcated (but probably not worth $42m) AI-Generated, displayed with permission

We wrote in December about how Judge Williams granted defendant's motion to bifurcate the jury trial in Board of Regents, the University of Texas System v. Boston Scientific Corp., C.A. No. 18-392-GBW (D. Del.).

That trial went forward starting last week, and the trial extended into this week. As we mentioned before, Judge Williams split the trial into two phases:

  1. Direct infringement and invalidity
  2. Willful infringement, damages, knowledge, and intent for induced infringement

Near the conclusion of Phase 1, plaintiff moved to "unbifurcat[e]" the trial. According to the transcript:

MR. SHORE [for plaintiff]: Your Honor, we would like for the Court to consider over the weekend, not …