The researchers studied 193 patent cases and found only 21 of them—that’s 10.9 percent—that contained even an allegation of any copying, whether that’s copying from a patent or from a patent-holder’s commercial product.
And here’s the kicker: more than half of the copying allegations they did find were from pharmaceutical and chemical cases. Remember that a big chunk of patent litigation involves branded drug companies fighting generic drug makers to determine when generic drugs can be marketed—and generic drug companies, of course, are legally required to make exact copies of a branded drug. So there’s good reason to consider pharma/chemical cases separately.
Once you set aside life sciences, copying in patent law goes from rare to almost nonexistent. Of the 193 cases analyzed, 76 were disputes over non-software computer related patents: only two of those cases included allegations of copying. Software patents were litigated in 67 lawsuits: again, only two plaintiffs alleged copying.To put it another way, in computers and software, less than 3% of the patent lawsuits studied involved allegations of copying, and less than 1% involved proof of copying.
I’m pretty sure that’s not the way he wanted his suit to end … though I’m not sure what he expected.
Have to admit that takes giant balls to sue your parents because they took away allowance money and you’re 25 years old…
Personal note, I kind of wish my parents would take my 28-year-old brother’s “allowance” away…