Let's hope TLP is in the 95% group.

http://www.chicagoiplitigation.com/2006/12/articles/legal-news/new-study-of-patent-litigation-outcomes/

Posted on December 11, 2006 by R. David Donoghue
Excerpts:
Trackbacks Jay Kesan  and Gwendolyn Ball  of the University of Illinois  Law School recently published a very interesting article in which they detail their empirical analysis of patent litigations.*  For the study they tracked 3,700 patent litigations beginning as early as 1995.  Among other things, they found that 80% of patent litigations settle and 95% of patent litigations are resolved prior to a full trial on the merits.  These should not be shocking results to patent litigators, but what may be more surprising is the results of their analysis of the cost of patent litigations.

The study found that half of the patent litigations were resolved within ten months of filing.  The also found that expenditures for patent litigations were relatively "modest", although they acknowledged that their cost determination was skewed downward by the large number of cases that settle or are otherwise resolved in the first year of the litigation.  The study also showed that litigations that did not settle quickly and went through summary judgment or trial could become relatively expensive.  Of course, expense is relative.  If the damages potential is large enough, attorneys fees for counsel that get an award for you or prevent one against you will see well worth the return