AIA Review Institution Rates Level Out as Parties Stipulate Around NHK-Fintiv
June 8, 2022
The Patent Trial and Appeal Board (PTAB) instituted trial in 62% of the America Invents Act (AIA) review petitions addressed in the first quarter of 2022. Last year the institution rate was 58.7%, a slight increase from 2020’s 58.2% but s...
Read full postE-Commerce and Software Saw the Most NPE Activity in Q1 2022, with Familiar Plaintiffs and Patents
May 25, 2022
The top market sector for NPE litigation in Q1 2022 was E-Commerce and Software, accounting for more than a quarter of all NPE activity. Networking saw the second most NPE assertions in the first quarter, followed closely by Consumer Electr...
Read full postPTAB Petitions Held Steady in Q1 as Federal Circuit Focused on IPR Estoppel
May 18, 2022
In the first quarter of 2022, 336 petitions for America Invents Act (AIA) review were filed with the PTAB, including 328 petitions for inter partes review (IPR) and eight petitions for post-grant review (PGR). Filings in Q1 were essentially...
Read full postWest Texas Was Q1’s Top Patent Venue as Judge Stark Left Delaware for the Federal Circuit
May 11, 2022
In Q1 2022, the Western District of Texas was once again the most popular district for all patent litigation and for litigation filed by NPEs. Delaware held a close second place in both of those categories, taking the number-one spot for op...
Read full postNHK-Fintiv Has Led to an Upswing in Reexam Requests
May 4, 2022
In Q1 2022, the Patent Trial and Appeal Board (PTAB) faced continued stakeholder pressure over the NHK-Fintiv rule, which allows the Board to use its discretion to deny institution in AIA reviews based on several factors related to the stat...
Read full postSpike in ANDA Litigation Drives Operating Company Increase
April 27, 2022
Operating company patent litigation was up in the first quarter of 2022 compared to a slow quarter one year ago, with 274 defendants added (versus 250 in Q1 2021). Nearly all of that increase is attributable to Abbreviated New Drug Applicat...
Read full postJudge Albright, Again the Top Patent Judge, Gets Federal Circuit Pushback over Auto Venue Ruling
April 20, 2022
The top district judge in the first quarter of 2022 was Western District of Texas Judge Alan D. Albright, with 19% of new patent litigation filed in his courtroom. As noted in RPX’s review of the fourth quarter and 2021, Judge Albright ha...
Read full postNPEs Remained Busy Last Quarter Despite a Dip from Q1 2021
April 13, 2022
NPEs added 525 defendants to patent litigation campaigns in the first quarter of 2022—11% below Q1 2021, which at 589 defendants was uncharacteristically active. However, NPEs still had their second busiest first quarter since 2015 and ex...
Read full postSubstantial Amount of Anticounterfeit Litigation Hit the Courts in Late 2021
April 6, 2022
RPX’s latest quarterly review details in part how operating companies added 1,179 defendants to patent litigation campaigns in 2021, a 7.9% decrease from the prior year. However, these operating company data exclude a distinct category of...
Read full postPTAB Petitions Dipped in Q4 and 2021 as Prior Reforms Drew Further Congressional Focus
March 30, 2022
In the fourth quarter of 2021, 339 petitions for America Invents Act (AIA) review were filed with the Patent Trial and Appeal Board (PTAB), including 323 petitions for inter partes review (IPR) and 16 petitions for post-grant review (PGR). ...
Read full post