AIA Review Filings Dip in 2023 as Stakeholders Debate PTAB Reform Proposal
February 21, 2024
The Patent Trial and Appeal Board (PTAB) saw 1,188 petitions for America Invents Act (AIA) review in 2023, including 1,154 petitions for inter partes review (IPR) and 34 petitions for post-grant review (PGR). Filings were 12.5% lower than i...
Read full postJudge Albright, Still in Second Place for 2023, Faces Further Appellate Scrutiny
February 14, 2024
Eastern District of Texas Chief Judge Rodney Gilstrap was the nation’s top district judge in 2023, with 12% of all new patent litigation falling in his courtroom. Western District of Texas Judge Alan D. Albright followed in a distant seco...
Read full postAs IP Edge’s Litigation Pause Persists, Its Downward Pull on NPE Numbers Has Lessened
February 7, 2024
In the fourth quarter of 2023, NPEs added 442 defendants to patent litigation campaigns, or 17% less than Q4 2022—falling 28% short of the trailing three-quarter Q4 average, but exceeding Q3 2023 by 15%. This dropoff was less pronounced t...
Read full postEx Parte Reexam Filings Swung Back Upward in 2023
January 24, 2024
One of the most controversial practices followed by the Patent Trial and Appeal Board (PTAB) is the NHK-Fintiv rule, which allows the discretionary denial of America Invents Act (AIA) petitions due to the status of parallel proceedings. Som...
Read full postEast Texas Widened Its Lead Last Year as Delaware Disclosure Battle Took Its Toll
January 17, 2024
The Eastern District of Texas was the top district for overall litigation and NPE litigation in 2023, after vaulting into first place starting with the second quarter this past year. In second for both categories was the Western District of...
Read full postNPE Filings Decreased in 2023 Due to IP Edge Standstill and West Texas Downturn
January 10, 2024
NPEs added 1,597 defendants to patent litigation campaigns in 2023, a decrease of 30% compared to 2022 (when such plaintiffs added 2,283 defendants). Operating companies, in contrast, added 1,161 defendants in 2023, a 14.5% increase from th...
Read full postNumerous Online Storefronts Targeted over Copycat Products in Q3
December 13, 2023
RPX’s latest quarterly report shows that operating company litigation was up slightly in Q1-Q3 2023 at 802 defendants added, a 3% uptick compared to that same timeframe last year (during which operating companies added 780 defendants). Op...
Read full postMonetization Firms, Familiar Assertion Professionals, and Inventors Hit E-Commerce and Software in Q3
December 6, 2023
The top market sector for NPE litigation in Q3 2023 was E-Commerce and Software, accounting for 34% of new defendants added to patent litigation campaigns. Consumer Electronics and PCs saw the second highest amount of NPE litigation in the ...
Read full postReexam Filings Plateaued in Q1-Q3 2023
November 15, 2023
A recurring criticism of the Patent Trial and Appeal Board’s (PTAB’s) NHK-Fintiv rule is that it introduces undue uncertainty by conditioning institution on factors outside of a petitioner’s control. A notable early result of this unc...
Read full postJudge Albright Stays in Second Place Following Waco’s Rule Changes Last Year
November 8, 2023
Eastern District of Texas Judge Rodney Gilstrap remained the nation’s top district judge in the third quarter of 2023, with 12% of all new patent litigation falling in his courtroom. Once again, Western District of Texas Judge Alan D. Alb...
Read full post