Bilski v. Kappos: The Blockbuster That Was a Bust

These lawsuits are rarely filed in the defendants’ backyards. On the contrary, one of the busiest jurisdictions in the country for patent cases is the Eastern District of Texas. Suffice to say, most direct marketers aren't based in Marshall, Tyler or Texarkana, Texas. In nationwide cases that go to trial, plaintiffs win about three–quarters of the time. Although perhaps skewed by a number of very large verdicts, the median verdict following a patent trial was over $6 million. Finally, patent litigation is notoriously expensive. The average patent case costs over $2.5 million to litigate through trial.