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A Study of the Role and Impact of Special Masters in Patent Cases

A must read.

Excerpt below:

“The cases in which special masters were employed were among the lengthiest observed among all patent cases. The average length of the cases in the special masters sample was 1,321 days; 50% of the cases were over 980 days in length. For comparison, in our study of the outcome and duration of patent cases filed in 1995, 1997, and 2000, we found that the average case lasted 444 days and that 50% of all cases terminated in less than 300 days.19 Thus, both the average and median case length among cases in the special masters sample were three times the duration of cases we found in a sample of patent cases from three recent years. The resolution of cases with special masters supports the conclusion that these are the most complicated, longest-running patent cases. Among the cases in the sample, thirty, or over 25% of the cases, were terminated through judgments rather than settlements. Of these, ten (9%) were the result of jury trials, six (5%) were the result of bench trials, and fourteen (13%) resulted from motions for summary judgment.”