Mr. Quinn provides an empirical overview of patent litigation, after which, he notes that the true growth in patent litigation has not occurred in the courtroom trial of disputes, but in the pretrial process. He concludes that increasing reliance on alternative dispute resolution, particularly mediation, is responsible for both the dramatic number of cases terminating during the pretrial process and the constant number of patent trials. The author reports the results of a survey taken of over one hundred patent litigators. The focus of the survey was to determine the attitude of patent litigators toward mediation or arbitration and their preparation methods of the damages component of a case.
Eugene R. Quinn, Jr.,
Using Alternative Dispute Resolution to Resolve Patent Litigation: A Survey of Patent Litigators ,
3 Marq. Intellectual Property L. Rev. 77
Available at: http://scholarship.law.marquette.edu/iplr/vol3/iss1/3