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Legalmetric Individual Judge Report Judge Sue Lewis Robinson Patent Cases January 2000 to September 2017

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Legalmetric Individual Judge Report Judge Sue Lewis Robinson Patent Cases January 2000 to September 2017 LegalMetric Individual Judge Report Judge Sue Lewis Robinson Patent Cases January 2000 to September 2017 This report contains confidential and proprietary information of LegalMetric, Inc. Use of this information by anyone other than the purchaser or, if the purchaser is a law firm, the purchaser's client, or disclosure of this information to persons other than the purchaser or, if the purchaser is a law firm, the purchaser's client, without the consent of LegalMetric, Inc. is prohibited. The information contained in this report is obtained from the official docket records of the federal courts. No attempt has been made to correct that data. For example, cases may be misclassified in the official docket records. In addition, cases are classified only by the primary cause of action. Cases having multiple causes of action are analyzed only under the primary cause of action identitied on the official court docket. LegalMetric, Inc. is not a law firm, does not provide legal advice, and is not engaged in the practice of law. No attorney-client relationship exists between LegalMetric, Inc. and any user of its products. LegalMetric provides statistical and analytical information to anyone who desires to purchase that information. Any purchaser of LegalMetric products who wants legal advice should hire an attorney. 1 Overview: Total Cases and Judgments Judge Robinson was appointed to the bench on November 18, 1991. This judge has been assigned 1408 patent cases. Of these, 1388 cases have been terminated. There have been judgments in favor of a party (includes consent and default judgments) in 201 case(s). The patent owner prevailed in 42.5% of these cases (while the accused infringer prevailed in 57.5% of these cases). (Note: In those instances where the judge previously served as a magistrate, earlier rulings issued while the judge was a magistrate are included in this report.) Nation Robinson Total Overall Win Rate 53.5 42.5 Overall Win Rate 42.5 Contested Win Rate 22.0 31.2 Contested Win Rate 31.2 Trial Win Rate 63.1 54.5 Trial Win Rate 54.5 Pendency (All Cases) 12.3 15.0 Pendency (All Cases) 15.0 Judgment Pendency 21.5 26.9 Judgment Pendency 26.9 Contested Pendency 27.1 30.9 Contested Pendency 30.9 Trial Pendency 37.5 36.4 Trial Pendency 36.4 Color Scheme: Red in the table above indicates a win rate more than 10% more favorable to the ACCUSED INFRINGER than the national average, or a pendency time at least 6 months SLOWER than the national average. Yellow indicates a win rate from 0% to 10% more favorable to the ACCUSED INFRINGER than the national average, or a pendency time from 0 to 6 months SLOWER than the national average. Bright (lime) green indicates a win rate from 0% to 10% more favorable to the PATENTEE than the national average, or a pendency time from 0 to 6 months FASTER than the national average. And dark green indicates a win rate more than 10% more favorable to the PATENTEE than the national average, or a pendency time over 6 months FASTER than the national average. The number of patent cases assigned to Number of Cases Filed, by Year 280 Judge Robinson by 260 year is shown in the 238 240 chart to the right. 197 Note that this includes 200 cases filed in previous years and reassigned 160 to this judge, where 120 applicable. 96 Number of Cases 83 80 67 61 47 40 40 39 38 41 40 35 31 34 34 21 6 0 2001 2003 2005 2007 2009 2011 2013 2015 2017 2000 2002 2004 2006 2008 2010 2012 2014 2016 2 Number of Cases Decided, by Year The number of patent cases decided by 320 287 Judge Robinson by 280 year is shown in the 240 chart to the left. This 206 can include cases 200 187 decided earlier which 160 are subsequently assigned to this judge 120 106 Number of Cases 89 for post-decision 75 80 67 rulings. 49 37 38 39 37 40 30 32 34 33 28 14 0 0 2001 2003 2005 2007 2009 2011 2013 2015 2017 2000 2002 2004 2006 2008 2010 2012 2014 2016 One- and Five-Year Percentage of Cases for This Judge Fraction of Cases Assigned to 18 This Judge, By Court: The fraction of cases assigned to 16 this judge by court (and division 14 if applicable) is shown in the chart to the left and in the table 12 below. The figures are further 10 Cases Filed in Last Five broken out by percentage of Years cases filed in the previous five 8 16.0 Cases Filed in Last Year years and by percentage of 6 cases filed in the previous year. 4 Percentage of Total Cases Filed 2 2.2 0 Wilmington Court Total Percentage of Cases Filed in Percentage of Cases Filed in Last Five Years Last Year Total 16.0 2.2 Wilmington 16.0 2.2 3 Patent Case Outcomes for Judge Robinson: The chart below shows the breakdown, by case outcome, for closed cases of this judge. Case Outcomes for Judge Bankruptcy Stay 0.4% Want of Prosecution Bench Trial 1.9% 2.9% Confirmation of Arbitration Award 0.1% Consent Judgment 3.4% Consolidated 4.4% Involuntary Dismissal 1.7% Judgment as a Matter of Law 0.1% Jury Verdict 2.7% Lack of Jurisdiction 1.6% Voluntary Dismissal MDL Transfer 73.7% 0.6% Total Total 1388 Bankruptcy Stay 6 Bench Trial 40 Confirmation of Arbitration 1 Consent Judgment 47 Consolidated 61 Involuntary Dismissal 23 Judgment as a Matter of L 1 Jury Verdict 37 Lack of Jurisdiction 22 MDL Transfer 9 Other Settlement 3 Other Termination 15 Remand to State Court 2 Summary Judgment 48 Transfer 23 Voluntary Dismissal 1023 Want of Prosecution 27 4 Overview: Contested Judgments There have been 154 contested judgments in these cases (does not include consent and default judgments). The patent owner prevailed in 31.2% of these cases, while the accused infringer prevailed in 68.8% of these cases. These figures are compared to the corresponding nationwide numbers below. In addition, the patentee contested win rate for the judge by year is shown in the second chart below. Contested Win Rates, Judge v. Nation 80 78.0 70 68.8 60 50 Nation 40 Robinson 31.2 Percentage 30 22.0 20 10 0 Patent Owner Accused Infringer Contested Win Rate by Year 70 60 50 40 30 20 10 Contested Win Rate (Percentage) 0 2000 2002 2004 2006 2008 2010 2012 2014 2016 2,001.00 2,003.00 2,005.00 2,007.00 2,009.00 2,011.00 2,013.00 2,015.00 2,017.00 Year of Decision 5 Overview: Trials There have been 77 terminations by trial in these cases (includes both bench and jury trials). The patent owner prevailed in 54.5% of these case, while the accused infringer prevailed in 45.5% of these cases. Trials on which judgment has not been entered are not included in these figures. These figures are compared to the corresponding nationwide numbers below. Trial Win Rates, Judge v. Nation 70 63.1 60 54.5 50 45.5 40 36.9 Nation Robinson 30 Percentage 20 10 0 Patent Owner Accused Infringer 6 Patentee Win Rates: By Nominating President: The number of patent cases in this district assigned to active judges and the win rates for those cases are shown below, broken out by the nominating president. Number of Cases - by Nominating President Number of Cases: The number of Barack Obama cases assigned to active jduges in William J. Clinton 2,997 1,831 this district is shown in the chart to the left, broken out by nominating president. This includes all cases of the type covered by this report. Barack Obama 47.3% George Bush 23.6% George W. Bush 0.2% William J. Clinton 28.9% Total: 100.0% George W. Bush 11 George Bush 1,492 Patentee Win Rates: The win Win Rates by Nominating President rates for these cases, broken out 70 by nominating president, are shown in the chart to the right. 60 This includes overall win rates (includes consent and default 50 judgments), contested win rates (does NOT include consent and 40 Overall Win Rate default judgments), and trial win Contested Win Rate rates (cases decided by bench 30 Trial Win Rate trial or jury verdict). 20 Plaintiff Percentage of Cases Won 10 0 Barack Obama George Bush George W. Bush William J. Clinton Total Overall Win # of Contested Win # of Contested Trial Win # of Trial Rate Judgments Rate Judgments Rate Jugements Barack Obama 45.6 296 36.1 205 68.6 70 George Bush 44.0 224 32.7 171 55.4 83 George W. Bush 0 0 0 William J. Clinton 58.2 176 43.4 91 62.5 52 7 Overview: Markman Rulings There were 116 Markman/claim construction rulings in these cases, not counting rulings made in connection with summary judgment motions. The average time from case filing to Markman rulings was 25.6 months. The variation from year to year is shown below. For more information, see the Markman/Claim Construction section below. Average Time to Markman Decision 60 50 40 Judge 30 Nation 20 Months from Case Filing 10 0 1991 1993 1995 1997 1999 2001 2003 2005 2007 2009 2011 2013 2015 2017 Overview: Summary Judgment There were 492 summary judgment rulings on contested motions in these cases. The win rate on these contested motions was 35.4%.
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