The Types of Chinese Patents: Data Breakdown and Overview
November 20, 2019
The Chinese patent system offers three types of patents, varying in the type and duration of protection offered as well as the level of examination they receive. The latest available annual data on Chinese patents illustrate the breakdown o...
Read full postThree Market Sectors Remain the Most Popular for NPE Litigation
November 13, 2019
So far this year, RPX data show that NPEs have added the greatest number of defendants to litigation campaigns in three market sectors—the same ranking as in 2018: E-Commerce and Software (accounting for 25% of defendants added), Consumer...
Read full postFederal Circuit Frequently Affirms Most Issues Appealed from District Court Patent Cases
November 6, 2019
RPX data show that the Federal Circuit affirms more than half of appeals from district court patent cases on several of the top issues appealed. Notably, the court tends to uphold claim construction rulings: in appeals decided from 2013 thr...
Read full postPatent Litigation Ticks Upward in Q3 2019
October 30, 2019
RPX data shows that plaintiffs added 1,007 defendants to district court patent cases in the third quarter of 2019, around 10.4% more than in that same quarter last year (which saw 912 defendants added). The third quarter also outpaced Q2 20...
Read full postAlice’s Post-Berkheimer Decline Continues, with Summary Judgment Hit the Hardest
October 23, 2019
RPX data shows that Section 101 invalidation rates have remained significantly lower since the Federal Circuit’s February 2018 decisions in Berkheimer and Aatrix, which held that dismissal under Alice may be premature where a party raises...
Read full postAIA Review Filings Increase from Q2, While Iancu Pushes Forward with PTAB Reforms
October 16, 2019
In the third quarter of 2019, 335 petitions for America Invents Act (AIA) review were filed with the Patent Trial and Appeal Board (PTAB), including 325 petitions for inter partes review (IPR), zero petitions for covered business method (...
Read full postDelaware Stays the Top Patent District as West Texas Continues to Rise
October 9, 2019
In the third quarter of 2019, Delaware remained the most popular district for patent litigation overall and for NPE litigation, counted by defendants added to litigation campaigns. For operating company litigation, Delaware was overtaken fo...
Read full postFederal Circuit’s Docket Still Dominated by PTAB Appeals
October 2, 2019
RPX data shows that about 53% of Federal Circuit patent appeals filed so far in 2019 originated with the Patent Trial and Appeal Board (PTAB)—the same percentage of PTAB appeals that were lodged in 2018 and significantly more than in 2017...
Read full postPatents Invalidated Under Alice Before and After Berkheimer by Procedural Stage
September 25, 2019
RPX data shows that Section 101 invalidation rates have dropped significantly since the Federal Circuit issued its February 2018 decisions in Berkheimer and Aatrix, holding that the resolution of Alice motions may be premature where ...
Read full postFirst Half of 2019 Saw a Decline in Operating Company Patent Litigation
September 18, 2019
While overall patent litigation filing levels increased slightly in the first half of 2019, compared to that same period in 2018, operating company patent litigation declined in the first half of this year. With 753 defendants added, there ...
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