Rooksby attempted to identify every patent infringement lawsuit filed by universities in 2009 and 2010 by searching Westlaw's Derwent LitAlert database, though he notes that the resulting 57 cases may be underinclusive. His general findings are reported in Part V, and details about each case are in the appendix. Here are a few findings that struck me as interesting:
- In 12 of the 57 cases, the university initiated litigation without a co-plaintiff. When there was a co-plaintiff, the licensee often had the contractual ability to sue alone, but the university joined anyway.
- 32 cases involved pharmaceutical or medical technologies.
- 17 cases were filed in the District of Delaware; the next most popular venue was the District of New Jersey, with 8 cases.
- In only 3 cases were the litigated patents subject to non-exclusive licenses.
- Like for-profit actors, universities generally preferred for juries to hear their claims, sought damages, and hired outside counsel.
- In 10 cases, the university had no co-plaintiff and was not practicing the invention, which "may indicate a purely rents-driven approach to technology transfer, or a breakdown in the licensing negotiation process."
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