West Texas Continued to Rise in Q1 as the Federal Circuit Closed a Venue Loophole
April 15, 2020

In the first quarter of 2020, the District of Delaware remained the most popular district for patent litigation overall but fell to second place for both NPE and operating company cases. The Western District of Texas became the second-most ...
Read full postIn Q1 2020, NPEs Had Their Busiest First Quarter Since 2015
April 7, 2020

RPX data show that NPE filings in Q1 2020 were the highest observed in any first quarter since 2015. In Q1, NPEs added 505 defendants to patent litigation campaigns, 16.9% higher than the corresponding quarter in 2019 and 13.8% higher than ...
Read full postAlice Invalidation Rate Stands at 60% Overall Despite Berkheimer Dip
April 1, 2020

RPX data show that 60% of patents have seen claims invalidated under Alice since that decision’s issuance in June 2014. Outcomes diverge based on plaintiff type; while NPE patents had an Alice invalidation rate of 65% during that period, ...
Read full postIn 2019, NPE and Operating Company Patents Were Invalidated Under Alice at Nearly the Same Rate
March 25, 2020

RPX data show that patents held by NPEs and operating companies were invalidated under Alice at similar rates in 2019. Last year, 44% of NPE patents adjudicated under Alice saw at least one claim invalidated, while 42% of operating company ...
Read full postDelaware Was 2019’s Top Patent District, but West Texas Has Been Rising in 2020
March 11, 2020

In the fourth quarter of 2019, the District of Delaware was the most popular district for patent litigation overall, also holding the top spot for both NPE and operating company litigation. For NPEs, the Eastern District of Texas—long fav...
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 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 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 postThe Sparkler’s Patent Number
July 3, 2019

Happy Independence Day! Have you ever wondered about the role patents play in Fourth of July festivities? As you light up your sparklers this year, make note that August Hummel applied for a patent for the sparkler in 1934. Hummel was grant...
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