Despite Order Targeting Judge Albright, West Texas Patent Litigation Dipped Less than Expected in 2022
January 11, 2023
Western District of Texas Judge Alan D. Albright has long been the nation’s top patent judge, but some had expected this to change as the result of a July 2022 standing order from the district’s chief judge that seemed designed to under...
Read full postAnticounterfeit Litigation Swung Back Up in the Third Quarter
December 28, 2022
RPX’s latest quarterly report shows that operating company litigation was down by about 7% in Q3 2022—and that decline that was even greater, at 14%, when excluding Abbreviated New Drug Application (ANDA) litigation targeting generic dr...
Read full postPTAB Petitions Drop Slightly; Vidal Sets New Rules on Sanctions
December 14, 2022
In the third quarter of 2022, 330 petitions for America Invents Act (AIA) review were filed with the Patent Trial and Appeal Board (PTAB), including 319 petitions for inter partes review (IPR) and 11 petitions for post-grant review (PGR). F...
Read full postJudge Albright, Still the Nation’s Top Patent Jurist, Pushes Back on Transfer Motions
December 7, 2022
The top patent judge in Q3 2022, with 11% of new litigation filed in his courtroom, was District Judge Alan D. Albright of the Western District of Texas. As RPX has extensively covered in the past few years, Judge Albright has long been abl...
Read full postInitial Dip After West Texas Judge Assignment Order Shaped by Outlying Plaintiff Behavior
November 30, 2022
RPX’s third-quarter report takes a close look at the Western District of Texas order designed to funnel patent litigation away from the nation’s top patent judge, Alan D. Albright—revealing that the new rule has had less of an impact ...
Read full postAIA Review Institution Rate Increases as Vidal Refines Rules on Discretionary Denials
November 16, 2022
In the third quarter of 2022, the Patent Trial and Appeal Board (PTAB) instituted trial in 67% of the America Invents Act (AIA) review petitions addressed in Q3 2022, up from 53% in the third quarter last year. The institution rate for 2022...
Read full postImpact of West Texas Judge Assignment Order More Muted than Expected
November 9, 2022
The Western District of Texas has been the top patent venue by a large margin for over two years, largely due to the efforts of Waco District Judge Alan D. Albright to attract patent litigation to his courtroom. Yet that concentration of pa...
Read full postWest Texas Hangs On Despite Order Targeting Judge Albright
November 2, 2022
In Q3 2022, the Western District of Texas retained its spot as the most popular district for all patent litigation and for litigation filed by NPEs. The District of Delaware was the top district for operating company litigation and held sec...
Read full postEx Parte Reexam Requests Start to Dip as NHK-Fintiv Denials Decline
October 26, 2022
The Patent Trial and Appeal Board’s (PTAB’s) use of discretionary denials under the NHK-Fintiv rule has pushed some would-be petitioners to turn elsewhere to challenge patent validity over the past few years. One such result was an in...
Read full postSemiconductor Litigation Surged in Q3
October 19, 2022
A breakdown of NPE district court filing trends by market sector shows that Semiconductors was one of the only sectors in which litigation increased during Q3 2022 compared to the same quarter one year ago—with 90 defendants added, or 173...
Read full post