NPE Activity Down in 1H 2023, Though Largely Due to IP Edge Pause and Waco Dip
July 12, 2023
NPEs added 786 defendants to patent litigation campaigns in the first half of 2023, a 34% decrease from that same period last year (when NPEs added 1,188 defendants). Operating company litigation, in contrast, held fairly steady in the firs...
Read full postNumerous Online Storefronts Targeted over Counterfeit Goods in Q1
June 21, 2023
RPX’s latest quarterly report shows that operating companies added 285 defendants to patent litigation campaigns in Q1 2023, or about 8% higher than the first quarter last year (when operating companies added 263 defendants) and 14% more ...
Read full postJudge Albright Fell from First Place in Q1
June 14, 2023
Western District of Texas Judge Alan D. Albright became the nation’s top district court patent judge in Q3 2019, thanks in large part to his focus on getting cases to trial quickly, his tendency to deny contested motions to stay pending t...
Read full postPTAB Petitions Remained Stable in Q1 Amidst Ongoing Debate over Sanctions
June 7, 2023
The Patent Trial and Appeal Board (PTAB) saw 347 petitions for America Invents Act (AIA) review in the first quarter of 2023, including 340 petitions for inter partes review (IPR) and seven petitions for post-grant review (PGR). Filings lar...
Read full postThe Overlap Between Patents Asserted in District Court and Challenged at the PTAB
June 1, 2023
The USPTO’s April 21, 2023 Advanced Notice of Proposed Rulemaking (ANPRM) (see here for details) brings to the fore of Patent Trial and Appeal Board (PTAB) policy discussions one overarching issue that has long been debated by the Board...
Read full postWaco NPE Litigation Falls to Half of Peak Levels Due to West Texas Order Targeting Judge Albright
May 31, 2023
RPX’s latest quarterly report details a noteworthy shift in patent venue trends in Q1 2023, as the Western District of Texas fell out of first place for overall patent litigation filed this past quarter—the first time it has not been th...
Read full postPTAB Institution Rates Held Steady in Q1 as Vidal’s NHK-Fintiv Reform Push Continued
May 24, 2023
Institution rates in America Invents Act (AIA) review trials were relatively stable in the first quarter of 2023, which came in at 65%—slightly higher than Q1 2022 (when the rate was 62%) but lower than Q4 2022 (68%). ...
Read full postDelaware Took the Lead in Q1—but Chief Judge’s Transparency Push Gave NPEs Pause
May 17, 2023
The District of Delaware was the top district for overall patent litigation and operating company litigation in Q1 2023, overtaking the Western District of Texas in the former category for the first time since Q2 2020. West Texas fell to se...
Read full postA Monetization Firm, a Growing Web of Related NPEs, and a Variety of Inventor-Controlled Plaintiffs Targeted E-Commerce and Software in Q1
May 10, 2023
The top market sector for NPE litigation in Q1 2023 was E-Commerce and Software, accounting for 28% of new defendants added to patent litigation campaigns. Consumer Electronics and PCs saw the second highest amount of NPE litigation in the ...
Read full postWaco NPE Filings Still Dominated by “Legacy” Campaigns—and Judge Albright
May 3, 2023
One of the most notable events shaping patent litigation in the past year was a key change targeting Western District of Texas Judge Alan D. Albright. In July 2022, the district’s chief judge imposed a case assignment order designed to cl...
Read full post