The Western District of Texas Topped the Charts in Q2
July 22, 2020
RPX data show that the Western District of Texas kept gaining steam in the second quarter of 2020, becoming the most popular district for patent litigation overall (counting defendants added by all plaintiff types) and remaining in first pl...
Read full postIn Q2 2020, Operating Company Litigation Swung Upward
July 15, 2020
RPX data show that operating company patent infringement filings in Q2 2020 were the highest seen in any second quarter since 2012. In Q2, operating companies added 566 defendants to patent litigation campaigns, beating the same quarter las...
Read full postAutomotive NPE Litigation Revs Up in 2020
July 8, 2020
RPX data show that NPE patent litigation targeting the Automotive market sector has increased dramatically in 2020, rising by 150% in the first half of the year compared to the same period in 2019. As recently reported by RPX, a variety of ...
Read full postSummary Judgment Grant Rates Are Lower in the Eastern District of Texas
July 1, 2020
An RPX analysis of district court summary judgment outcomes reveals that some of the most notable patent venues differ widely in their treatment of such motions. Most significantly, far fewer cases are resolved on summary judgment in the Ea...
Read full postTwo Years After SAS Institute, AIA Review Institution Rates Remain Relatively Unchanged
June 24, 2020
In April 2018, the Supreme Court’s SAS Institute decision ended the practice of partial institution decisions in America Invents Act (AIA) reviews, under which the Patent Trial and Appeal Board (PTAB) would sometimes institute trial for a...
Read full postCOVID-19 and Patent Litigation: What Happened During the Last Recession
June 17, 2020
The COVID-19 pandemic has had a sweeping negative impact on the US economy. While the patent space has seen much higher levels of infringement litigation than expected, stakeholders are looking ahead to the pandemic’s longer-term impact o...
Read full postDefendant Summary Judgment Rates Have Been Relatively Unaffected by COVID-19
June 10, 2020
RPX data show that the filing of new patent litigation has been steadily increasing despite the spread of COVID-19, but many may be wondering whether the need to argue key issues by phone or videoconference will impact the substantive outco...
Read full postPatent Litigation Has Been Increasing Despite the COVID-19 Pandemic
June 3, 2020
RPX data reveal that the COVID-19 pandemic has not caused a decrease in patent litigation, despite its sweeping impact on many other areas of the economy. To the contrary, it may be contributing to an increase, especially for litigation fil...
Read full postAlice Remains a Narrower Off-Ramp for Defendants as Berkheimer Is Here to Stay
May 27, 2020
Alice was once a key defensive tool for companies faced with patent litigation, but it has grown markedly harder to wield in the past two years. RPX data show that the overall Alice invalidation rate has dipped as a result of the Federal Ci...
Read full postWhen Alice Challenges Turn on Berkheimer/Aatrix, NPE Plaintiffs Tend to Fare Worse
May 20, 2020
RPX data show that NPEs are far less successful than operating companies at blocking Alice motions under Berkheimer and Aatrix, which prevent a court from deciding an early eligibility motion when the plaintiff establishes a factual dispute...
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