Alice Invalidation Rates Vary Dramatically Among the Top Patent Districts
April 28, 2021
RPX data show that the top five most popular districts for NPE litigation diverge sharply in their treatment of patent eligibility challenges brought under Alice. Of those five, the Northern District of California is the most likely to grant an Alice challenge, with a per-patent invalidation rate of 70%. The District of Delaware and the Central District of California, each of which has an invalidation rate of 52%, are the closest to the national average of 57%.
The Western District of Texas has the lowest invalidation rate of the group at just 25%, though it should be noted that just 21 patents appear to have been adjudicated in that venue under Alice since it was decided in June 2014. This small number of reviewed patents, and their low invalidation rate, are at least partly attributable to two factors: the district’s relatively recent rise in the rankings as a patent venue, and District Judge Alan D. Albright’s stated inclination against granting early patent eligibility motions.
More on patent eligibility can be found in RPX’s first-quarter review, including a variety of other analyses breaking down Alice outcomes by market sector and plaintiff type. The blog post also takes a look at the latest policy developments, as recent signs point to a renewed push by Congress for legislative reform of Section 101. See the full report for details.
