Reexams Leveled Off in Q1, But Data Indicate Continued Shift Away from AIA Reviews
May 14, 2025
Acting USPTO Director Coke Morgan Stewart revamped the standards governing discretionary denials at the Patent Trial and Appeal Board (PTAB) in Q1 2025—withdrawing guidance from her predecessor, Kathi Vidal, that limited the NHK-Fintiv ru...
Read full postWest Texas Judge Climbs the Rankings Using Judge Albright’s Playbook
April 30, 2025
NPE filings in the Western District of Texas dipped dramatically in the wake of rule changes that targeted the patent caseload of District Judge Alan D. Albright. While divisional rules once allowed Judge Albright, a former patent litigator...
Read full postPTAB Institution Rate Dipped in Q1 Amid Changes to NHK-Fintiv Rule
April 23, 2025
The PTAB instituted trial for 68% of the AIA review petitions addressed in Q1 2025, down slightly from that same quarter last year (during which the institution rate was 69%) but up from Q4 2024 (60%). ...
Read full postFirst-Quarter NPE Filings Reach Highest Point Since Q1 2015
April 16, 2025
NPEs added 608 defendants to patent litigation campaigns in Q1 2025—more than in any first quarter since Q1 2015, when such plaintiffs added just under 1,000 defendants. NPE litigation in the first quarter of 2025 was 47% higher than in Q...
Read full postLitigation Against Copycats and Counterfeiters Surged Onward in Q4
April 2, 2025
RPX’s latest quarterly report shows that litigation from operating company plaintiffs went up by nearly 17% last year, with an even greater increase (38%) in the fourth quarter. However, this data exclude another distinct category of liti...
Read full postNPE Litigation Targeting Networking Products Jumped Last Year
March 19, 2025
In 2024, the market sector that saw the most substantial increase in NPE litigation was Networking, which went up by 88% compared to the year before. Other sectors that went up significantly last year were Financial Services (which went u...
Read full postDelaware Disclosure Debacle Depressed District’s NPE Filings in 2024
February 26, 2025
The Eastern District of Texas was the top patent district for overall litigation (i.e., with no filter for plaintiff type) and NPE litigation in 2024, also holding the fourth spot for operating company litigation. In second for overall liti...
Read full postInstitution Rates Declined in 2024 and Q4 as NHK-Fintiv Reforms Face Unclear Path
February 19, 2025
The Patent Trial and Appeal Board (PTAB) instituted trial in 69% of the America Invents Act (AIA) review petitions addressed in 2024, a slight dip from the year prior (70%). The institution rate in Q4 alone was 61%, down from 69% in that sa...
Read full postOperating Company Litigation Surged in Q4 2024
February 12, 2025
Operating companies added 352 defendants to patent litigation campaigns in Q4 2024, a 38% increase compared to the fourth quarter of 2023. This past quarter, operating company filings were 25% higher than in Q3 2024 and were 38% greater tha...
Read full postReexams Surged in 2024 as NHK-Fintiv Faces Uncertainty in the New Year
January 29, 2025
A cloud of uncertainty surrounds the PTAB’s discretionary denial practices under the NHK-Fintiv rule in the new year, between potential policy changes on the horizon due to the presidential transition and an ongoing legal challenge. One r...
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