Alice Challenges Succeed Most Often in Financial Services Litigation
May 12, 2021
RPX data on patent eligibility reveal that parties filing Alice motions prevail far more often in litigation targeting certain industries—especially Financial Services, which saw a marked increase in NPE litigation in Q1 2021. A breakdown...
Read full postWest Texas Topped the NPE Charts in Q1, but a Single OpCo Case Pushed an Uncommon Venue Even Higher
May 5, 2021
In Q1 2021, the Western District of Pennsylvania was the top venue for overall patent litigation and for litigation filed by operating companies. While that district is ordinarily not a popular patent venue, it took first place as the somew...
Read full postAlice Invalidation Rates Vary Dramatically Among the Top Patent Districts
April 28, 2021
RPX data show that the top five most popular districts for NPE litigation diverge sharply in their treatment of patent eligibility challenges brought under Alice. Of those five, the Northern District of California is the most likely to gran...
Read full postNPE Litigation Targeting Financial Services Surged in Q1
April 21, 2021
A breakdown of NPE district court filing trends by market sector (comparing the number of defendants added in Q1 to the quarterly average for 2020) reveals a marked increase in litigation targeting certain industries in the first quarter. S...
Read full postQ1 2021 Saw More New Filings than Any First Quarter Since 2015 as NPE Activity Spiked
April 14, 2021
A 43.3% increase in patent litigation compared to the same period last year marked 2021’s first quarter, with 1,164 defendants added to patent assertion campaigns (compared to 812 in Q1 2020)—the highest first-quarter filing levels seen...
Read full postOperating Company Patent Sales and Recessions: Breaking Down Litigation by Divestment Time
March 31, 2021
One of the key drivers of NPE litigation in the past few years has been the divestment of patents from operating companies, and this trend is likely to accelerate as the economic effects of the COVID-19 recession ripple throughout the paten...
Read full postSemiconductor Patent Litigation Trends Upward as Top NPE Plaintiffs Acquire and Assert Chip Patents
March 24, 2021
RPX data show that patent litigation asserting semiconductor patents has increased gradually but steadily over the past few years. In particular, litigation involving chip patents dipped in 2017-2018 but swung back upward in 2019 and 2020. ...
Read full postWhat 15 Years of US Patent Litigation Data Reveal About the IP Market: An Overview
March 17, 2021
Patent litigation trends have been volatile over the last 15 years, often responding to legislative, administrative, and judicial changes. A disaggregation of this data reveals meaningful differences among plaintiff types and may provide va...
Read full postAlice Remains in Its Post-Berkheimer Narrowed State, as Stakeholders Push for Supreme Court to Revisit Section 101
March 10, 2021
RPX data show that the US Supreme Court’s Alice decision, once a key defensive tool for patent litigants, remains in a significantly narrowed state due to the Federal Circuit’s Berkheimer and Aatrix opinions. In those cases, the Federal...
Read full postPTAB Petitions Dip Due to Discretionary Denials, Prompting a Return to Reexamination
March 3, 2021
In the fourth quarter of 2020, 356 petitions for America Invents Act (AIA) review were filed with the Patent Trial and Appeal Board (PTAB), including 330 petitions for inter partes review (IPR) and 26 petitions for post-grant review (PGR). ...
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