Use of Special Masters Results in Fewer Appeals in Patent Cases

The Federal Judicial Center has released a study concluding that patent cases using special masters result in fewer appeals and reversals than other patent cases. Special masters are primarily patent attorneys with strong academic technical training who serve as experts advising the courts in complex patent cases. The study stated that "to the extent that it is possible to evaluate the quality of the work of the special masters, it appears that the work produced is both useful and accurate. Recommendations of special masters, especially in the crucial area of claim construction, were almost universally accepted, and their reports were nearly always adopted by the courts." The full report can be accessed here.