PTAB Filings Dip as Arthrex Hangs Over Prior Decisions
March 4, 2020
In the fourth quarter of 2019, 332 petitions for America Invents Act (AIA) review were filed with the Patent Trial and Appeal Board (PTAB), including 317 petitions for inter partes review (IPR), five petitions for covered business method (C...
Read full postOperating Company Patent Litigation Decreased in 2019, Despite Overall Uptick
February 26, 2020
RPX data show that while patent litigation increased in 2019 overall—with 4.6% more defendants added than in 2018—operating company litigation fell by 12% compared to the year before (with 1,560 defendants added in 2019 versus 1,772 in ...
Read full postWestern District of Texas Just Overtook the District of Delaware as the Top Patent Venue
February 19, 2020
Since his confirmation to the bench in September 2018, District Judge Alan D. Albright has taken active steps to make the Western District of Texas the new hotbed for patent litigation, including issuing a standing order that implements rul...
Read full postAlice Invalidation Rates Remain More than 20% Lower Since Berkheimer
February 12, 2020
The Federal Circuit’s February 2018 opinions in Berkheimer and Aatrix have significantly trimmed the application of Alice in district court litigation through their combined rulings that a factual dispute over a patent’s inventive...
Read full postNPE Litigation Increased by Over 20% in 2019
February 5, 2020
RPX data show that patent litigation increased by around 4.6% in 2019 over 2018, counted by defendants added to litigation campaigns (with 3,555 defendants added in 2019 versus 3,398 in 2018). That increase was driven by NPEs, which added 2...
Read full postBiotech and Pharma Is the Leading Market Sector for District Court Cases Appealed to the Federal Circuit
January 29, 2020
RPX data show that the Federal Circuit has seen the greatest number of district court appeals from cases in the Biotech and Pharma market sector. From 2013 to 2019, the Federal Circuit’s docket has included appeals of more than 850 infrin...
Read full postFederal Circuit Appeals Tend to Settle Quickly
January 22, 2020
RPX data indicate that when Federal Circuit appeals of patent cases end in settlement, they do so relatively quickly. The median time to dismissal is just 138 days for district court infringement suits where the type of dismissal indicates ...
Read full postFederal Circuit Affirms at Least One Issue in over Half of All Appeals from District Courts
January 15, 2020
RPX data show that the Federal Circuit affirms at least one issue in more than half of district court cases appealed, at 57%. About a quarter of such appeals end in likely settlement (i.e., when an appeal ends with an unopposed, stipulated,...
Read full postHalf of Operating Company Patents Survive Alice Challenges, with Two Thirds Cancelled for NPEs
January 8, 2020
RPX data show that district courts invalidate operating company patents under Alice about half of the time, counted by patents litigated by operating company plaintiffs that have been challenged and adjudicated under Section 101. NPEs tend ...
Read full postOperating Company Litigation Hitting the Same Top Market Sectors as Last Year
December 18, 2019
RPX data show that in 2019 to date, operating companies have added the most defendants to litigation campaigns in three market sectors—the same ranking as in 2018: Consumer Products (accounting for 38% of defendants added), Biotech and Ph...
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