51. This gender balance is in sharp contrast to the companion study of patent litigators,
most of whom were male. See Gallagher, supra note 31, at 318.
52. I excluded Trademark Trial and Appeal Board “trials” from this calculation, since
such trials are not conducted in person.
53. Four additional lawyers indicated that they had cases that proceeded to trial over the
years, but that they turned these cases over to other lawyers once it appeared the cases would not
settle and would proceed to trial.
54. See Marc Galanter, The Vanishing Trial: An Examination of Trials and Related
Matters in Federal and State Courts, 1 J. OF EMPIRICAL LEGAL STUD. 459 (2004).
55. See William M. Landes, An Empirical Analysis of Intellectual Property Litigation:
Some Preliminary Results, 41 HOUS. L. REV. 749, 758-62 (2004). Note that this data is limited
to filed cases. The present study suggests that most trademark and copyright disputes simply do
not result in litigation, highlighting the need to understand this under-examined landscape of
everyday IP disputing.