We have studied all final patent validity decisions issued by the federalcourts between 1989 and 1996 reported in United States Patents Quarterly.We test this dataset to determine a number of facts of interest to scholarsand patent litigators, including the rate at which patents are held valid,the subject matter of the patents litigated, the rate at which judges andjuries hold patents valid, the most common grounds for invalidity, howvalidity decisions fare on appeal, and numerous other hypotheses.
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Mark A. Lemley (2016) studied this question.