Amid a Steady Pace of Litigation and Continued Patent Pickups, IP Edge Tries a Case at the ITC
December 1, 2021
As detailed in RPX’s latest quarterly report, prolific patent monetization firm IP Edge LLC has been responsible for a significant portion of new NPE filings this year—accounting for nearly 26% of the defendants added to litigation thro...
Read full postNHK-Fintiv Rule Pushes Defendants Toward Reexams: More Already Requested This Year Than in All of 2020
November 17, 2021
RPX’s third-quarter review recently detailed how access to America Invents Act (AIA) reviews has been constrained by the NHK-Fintiv rule, which allows the Patent Trial and Appeal Board (PTAB) to discretionarily deny institution based on t...
Read full postVenue Update: West Texas Remains on Top for NPE Litigation, Due Largely to Judge Albright
November 10, 2021
The Western District of Texas and the District of Delaware were essentially tied for first place in Q3 2021 for overall patent litigation, each seeing just over 220 defendants added to litigation campaigns within that period. For NPE litiga...
Read full postOperating Company Filings Held Steady in Q3 as Anti-Counterfeit Litigation Saw Even More Activity
November 3, 2021
Operating companies added 287 defendants to patent litigation campaigns in Q3 2021, broadly in line (+1.5%) with the trailing Q3 average for the past three years. Third-quarter operating company filings also increased by 9.5% over the same ...
Read full postMarket Sector Update: More NPEs Swerve into Automotive Sector
October 27, 2021
A breakdown of NPE district court filing trends by market sector shows a marked increase in litigation hitting certain industries in Q3 2021 compared to that same quarter last year. In particular, NPE litigation targeting the Automotive sec...
Read full postInstitution Rates Continue Their Downward Slide as NHK-Fintiv Rule Limits IPR Access
October 20, 2021
The Patent Trial and Appeal Board (PTAB) instituted trial in 52% of the America Invents Act (AIA) review petitions addressed during the third quarter of 2021, bringing the overall institution rate for the year thus far to 57.2%—down sligh...
Read full postQ3 2021: Another Busy Third Quarter for NPEs as IP Edge Keeps Up the Pace
October 13, 2021
NPEs added 595 defendants to litigation campaigns in Q3 2021, generally in line with the first two quarters of the year. Third-quarter NPE activity was up by 18.1% compared to a below-trend third quarter last year, which may have been impac...
Read full postAlice by Market Sector: A Breakdown of 101 Decisions by Industry in 1H 2021
September 29, 2021
Recent RPX data on patent eligibility show that defendants in some industries fare differently than others when challenging patents under Alice. In particular, a breakdown of Alice invalidation rates by market sector (specifically, by the R...
Read full postAlice in 1H 2021: Breaking Down the Post-Berkheimer Status Quo
September 22, 2021
RPX has detailed in recent years how the Federal Circuit’s 2018 Berkheimer and Aatrix decisions have limited courts’ ability to grant early patent eligibility challenges brought under Alice, causing a significant drop in the Alice inval...
Read full postNHK-Fintiv Rule Pushes District Court Defendants to File More Ex Parte Reexaminations
September 15, 2021
Over the past two years, the Patent Trial and Appeal Board (PTAB) has steadily expanded the circumstances in which it will use its discretion to deny institution in America Invents Act (AIA) reviews. Perhaps the most controversial of these ...
Read full post