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Standards of Proof in Civil Litigation: The Impact on Patent Law Cases

This paper by David L. Schwartz and Christopher B. Seaman explores the significance of standards of proof in civil litigation, particularly within the realm of patent law. Through a detailed analysis of Microsoft Corp. v. i4i Limited Partnership, the study introduces a new intermediate standard for patent invalidity. The experiment evaluates the effect of this standard on the ultimate decision on invalidity, measuring the level of confidence regarding invalidity on a scale of 1-7. The implications and extensions of this research extend to effective drafting of jury instructions and the influence of group decision-making on outlier outcomes. The study delves into different trial scenarios spanning multiple countries including India, Pakistan, U.K., Romania, Italy, Spain, Venezuela, Dominican Republic, Nicaragua, Russia, Canada, and Macedonia. This alternative visualization based on raw numbers offers insights into the distribution of confidence levels in cases of obviousness and non-obviousness, with a focus on the confidence-skewing impact of clear and convincing evidence versus the distribution in preponderance of the evidence scenarios.

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Standards of Proof in Civil Litigation: The Impact on Patent Law Cases

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Presentation Transcript

  1. Comments onDavid L. Schwartz Christopher B. Seaman’s most excellent paper, “Standards Of Proof In Civil Litigation: An Experiment From Patent Law” Matthew Sag, Loyola University of Chicago

  2. The Set Up • Do standards of proof matter? • Important question generally and for patent law • Some evidence in the criminal context • Experiment in civil context. • Microsoft Corp. v. i4i LimitedPartnership • A new intermediate standard for patent invalidity • Will it make a difference?

  3. Measures • Ultimate decision on invalidity • Level of confidence re invalidity on a 1-7 scale • “How likely do you think Acme’s patent is obvious” on a 0–100% scale

  4. Percentage finding invalidity

  5. WHAT IS GOING ON HERE?

  6. Implications & Extensions • Effective drafting of jury instructions! • Testing that drafting! • Will group decision making wash out the outliers? • What is the effect of different sized juries.

  7. India, Pakistan, U.K., Romania, Italy Spain, Pakistan, Venezuela, Dominican Republic, Nicaragua, Russia, Canada, Macedonia

  8. True U.S. does not seem to make a difference

  9. An Alternative Visualization Using the Raw Numbers Why did the i4i instruction lead higher rates of obviousness?

  10. Levels of confidence: • C&C skews confident • More of a distribution in POE

  11. All conditions: Obvious/not obvious very similar in confidence distribution

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