Based on data from Lex Machina's 2015 Patent Year in Review,
the median damages award for patent cases is about $ 1.5 million, and approximately 90 % of awards are less than $ 50 million.
The inflation - adjusted
median damages award has remained fairly stable over the last 13 years — at $ 3.9 million from 1995 to 2000 and $ 3.8 million from 2001 to 2007.
The estimated
median damage award for plaintiffs who prevailed in tort trials concluded in 2002 - 2003 was $ 201,000.
Thus, although the Service undoubtedly has utility, and Westlaw is working to eliminate duplicates and adjust damages for inflation, I consider the Service's data for things like the number of awards, and average and
median damages awards to be unreliable at this time.
Certain federal district courts (particularly Virginia Eastern, California Central, and Pennsylvania Eastern) continue to be more favorable to patent holders, with shorter time - to - trial, higher success rates, and higher
median damages awards.
Plaintiffs who prevailed in tort trials concluded in 2002 - 2003 received an estimated
median damage award of $ 201,000.
As the report notes,
the median damages awarded to patent trolls tripled that of practicing entities over the last four years.
Not exact matches
The
median total
award in the 1973 - 83 period was $ 12,671, which is less than half of the average
damages award of $ 27,464.
This claim can be tested by looking to the
median rather than the average
damages award.
Jury Verdict Research reports on a study it conducted that found that in the last ten years, the overall
median compensatory
award for soft tissue knee injuries, strains, and cartilage and ligament
damage is $ 40,972.