Alice 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 postWest Texas Remained Atop the Heap in Q2 as Judge Albright Reacted to Appellate Reversals
September 8, 2021
In Q2 2021, the Western District of Texas was the top venue for overall patent litigation and for litigation filed by NPEs, taking a close second place for litigation filed by operating companies. The most popular operating company venue wa...
Read full postOperating Company Litigation Decreased in the First Half of the Year
September 1, 2021
Operating companies added 579 defendants to patent litigation campaigns in the first half of 2021, or 16.7% fewer than the same half of 2020 (during which they added 695 defendants). Additionally, as shown in the table below, operating comp...
Read full postFamiliar Faces Formed a Raft of New NPEs During 1H 2021—Including a Prolific File-and-Settle Plaintiff
August 25, 2021
RPX has flagged public records reflecting a rash of NPE creation during the first half of 2021, including by the patent monetization and advisory firm Dominion Harbor Enterprises, LLC; Jonathan Szarzynski’s Endpoint IP LLC; monetization f...
Read full postNPE Financial Services Litigation Swung Further Upward in the First Half of the Year
August 18, 2021
An analysis of NPE district court filing trends by market sector reveals a significant uptick in litigation targeting certain industries in the first half of 2021, compared to that same period last year. Specifically, NPE litigation hitting...
Read full postIn Q2, PTAB Petitions Dipped as IPR Largely Survived Supreme Court Review in Arthrex
August 11, 2021
RPX data show that Patent Trial and Appeal Board (PTAB) petitions dipped slightly in the second quarter of 2021, as the inter partes review (IPR) system survived Supreme Court review in Arthrex—albeit in modified form. In particular, the ...
Read full postNPE Filings Held Steady in the First Half of the Year Despite Q2 Dip
August 4, 2021
NPEs added 1,196 defendants to patent litigation campaigns during the first half of 2021, or 7% more than in the first half of the past year (during which NPEs added 1,118 defendants). Most of that increase is due to litigation filed by app...
Read full postPatent Plaintiffs in China Succeed Most Often When Asserting Design Patents
July 28, 2021
The Chinese patent system offers three types of patents: invention patents, utility model patents, and design patents. RPX data reveal that plaintiffs asserting them in litigation prevail at different rates—winning most with design patent...
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