Ex Parte Reexams Surged in the Third Quarter
October 23, 2024
The Patent Trial and Appeal Board’s (PTAB’s) practice of issuing discretionary denials under the NHK-Fintiv rule has led to some uncertainty in recent years, from litigation challenging the rule’s implementation as procedurally defici...
Read full postJudge Albright’s Caseload Remained Slim in Q3 Due to Waco Assignment Order
October 16, 2024
The nation’s top district judge in Q3 2024 was Eastern District of Texas Chief Judge Rodney Gilstrap, with 22% of all new litigation falling in his court. Western District of Texas Judge Alan D. Albright, who once held first place by a wi...
Read full postQ3 NPE Filings Increased Year over Year, Building on Q1-Q2 Growth
October 9, 2024
NPEs added 477 defendants to patent litigation campaigns in Q3 2024, up by 27% from the same quarter last year (when NPEs added 376 defendants). Third-quarter NPE filings fell by 7% compared to the trailing Q3 average for 2021-2023 and were...
Read full postPlaintiffs Continued to Sue a Multitude of Online Storefronts over Counterfeits in Q2
September 25, 2024
RPX’s latest quarterly report shows that operating company plaintiffs added 303 defendants to patent litigation campaigns in Q2 2024, which was 28% more than the year-ago quarter, exceeding the trailing three-quarter average by 12% and co...
Read full postPTAB Petitions Increased in Q2 as USPTO Faced Uncertainty After Chevron’s Fall
September 11, 2024
The Patent Trial and Appeal Board (PTAB) saw 329 petitions for America Invents Act (AIA) review in the second quarter of 2024, including 315 petitions for inter partes review (IPR) and 14 petitions for post-grant review (PGR). Filings were ...
Read full postUpswing in Q2 Networking NPE Litigation Fueled by Plaintiffs Linked to Industry Veterans and Monetization Firms
August 28, 2024
A breakdown of NPE litigation by market sector shows that Networking saw the greatest increase in filings in Q2 2024, going up by 116% compared to Q2 2023. Other sectors with significant upticks included E-Commerce and Software (which saw a...
Read full postInstitution Rates Increased in Q2 as USPTO’s Discretionary Denial Proposal Faced Potential Setbacks
August 14, 2024
The Patent Trial and Appeal Board (PTAB) instituted trial for 74% of the America Invents Act (AIA) review petitions addressed in Q2 2024, up from that same quarter last year (during which the institution rate was 70%) and from Q1 2024 (68%)...
Read full postDelaware NPE Filings Dropped Further in Q2 as Second-Place West Texas Hung On
August 7, 2024
In Q2 2024, the Eastern District of Texas was once again the top district for overall patent litigation (i.e., filings from all plaintiff types) and NPE litigation. However, the District of Delaware continued its downward slide in the NPE r...
Read full postReexams More Popular than Ever in 1H 2024
July 24, 2024
Ongoing uncertainty over discretionary denials at the Patent Trial and Appeal Board (PTAB) has apparently continued to discourage some defendants from filing America Invents Act (AIA) reviews. With institution in AIA review trials perceived...
Read full postJudge Albright Still Sees Most of Waco’s Patent Cases, but a New Rule Could Change That
July 17, 2024
In July 2022, the now-former chief judge of the Western District of Texas, Orlando L. Garcia, issued an order designed to reduce the concentration of patent litigation before District Judge Alan D. Albright, who had successfully (and openly...
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