The District of Delaware is among the least reversed jurisdictions on claim construction rulings, according to a study conducted by David Schwartz, a professor at the John Marshall Law School in Chicago. Among the top five patent jurisdictions nationwide, Delaware (No. 4) had the lowest reversal rate: only 22.2 percent of the district’s Markman decisions are overturned.
Among the top fourteen jurisdictions, only the Western District of Wisconsin, with 232 patent filings in the decade 1995-2005, had a lower reversal rate — 21.1 percent. But considering Delaware’s 1112 patent lawsuits in the same time period, Delaware’s reversal rate, at least according to this survey, is the lowest in the country among high-filing patent jurisdictions.