A recent analysis in Law360 sheds light on how the length of patent prosecution may influence infringement findings in litigation. Researchers Matthew Avery and Arya Moshiri examined over 89,000 patents to discern the impact of office actions on litigation outcomes. Their findings suggest an inverse correlation between the quantity of office actions a patent application faces before allowance and the likelihood of it being found infringing in court.
This inverse relationship is nuanced by factors such as examiner toughness. These findings indicate that a protracted prosecution process could have implications on litigation risk, potentially altering strategies for patent filings and defenses. Legal professionals may need to consider these insights when advising clients on patent strategies and anticipating litigation outcomes.