Federal Circuit’s Docket Still Dominated by PTAB Appeals

RPX data shows that about 53% of Federal Circuit patent appeals filed so far in 2019 originated with the Patent Trial and Appeal Board (PTAB)—the same percentage of PTAB appeals that were lodged in 2018 and significantly more than in 2017 (when PTAB appeals comprised 38% of the court’s caseload).

Meanwhile, appeals from district court patent cases in 2019 are split fairly evenly between litigation filed by NPEs (118 appeals) and operating companies (104).

Going further back, the data from 2013 to 2019 indicates that the greatest number of appeals from district court have concerned patent litigation filed in the Biotech and Pharma market sector (859 appeals), followed by Consumer Products (793) and E-Commerce and Software (733).

Why RPX?

At RPX, we believe that the best defense is a good offense. That’s why since our inception in 2008, we’ve purchased rights to over 47,800 patent assets to mitigate patent risk for our members. As one of the most active participants in the patent market, RPX has compiled proprietary data on thousands of litigations and patent transactions. With RPX, companies have access to reliable information about the patent market, helping them to better understand this constantly changing landscape. Through our data and research on patent litigation and the patent marketplace, we’re able to provide our members with the most complete view of the current picture.

As the patent litigation landscape continues to change, RPX will keep innovating and staying ahead of the future risks our members face. Contact us today to find out how RPX can help your company manage patent risk at every level.