Institution Rates Declined in 2024 and Q4 as NHK-Fintiv Reforms Face Unclear Path
February 19, 2025
The Patent Trial and Appeal Board (PTAB) instituted trial in 69% of the America Invents Act (AIA) review petitions addressed in 2024, a slight dip from the year prior (70%). The institution rate in Q4 alone was 61%, down from 69% in that sa...
Read full postOperating Company Litigation Surged in Q4 2024
February 12, 2025
Operating companies added 352 defendants to patent litigation campaigns in Q4 2024, a 38% increase compared to the fourth quarter of 2023. This past quarter, operating company filings were 25% higher than in Q3 2024 and were 38% greater tha...
Read full postReexams Surged in 2024 as NHK-Fintiv Faces Uncertainty in the New Year
January 29, 2025
A cloud of uncertainty surrounds the PTAB’s discretionary denial practices under the NHK-Fintiv rule in the new year, between potential policy changes on the horizon due to the presidential transition and an ongoing legal challenge. One r...
Read full postWest Texas Reforms Trimmed Judge Albright’s Caseload in 2024 as Another Judge Aimed to Fill the Void
January 22, 2025
The Western District of Texas has slid in the NPE rankings due to case assignment reforms that targeted the former concentration of patent litigation before District Judge Alan D. Albright of the Waco Division, once the nation’s top paten...
Read full postNPE Litigation Rose Substantially in 2024 and Q4
January 15, 2025
NPE patent litigation increased significantly in 2024. This past year, NPEs added 1,889 defendants to patent litigation campaigns, an increase of 21.6% compared to 2023 (when such plaintiffs added 1,553 defendants). ...
Read full postNumerous Online Storefronts Targeted over Counterfeit Products in Q3
December 18, 2024
RPX’s latest quarterly report shows that operating company plaintiffs added 283 defendants to patent litigation campaigns in Q3 2024, which was up by 11% from the year-ago quarter, up by 13% compared to the trailing Q3 average for 2021-20...
Read full postGrowing Monetization Enterprises, Inventors, and Funded Plaintiffs Hit E‑Commerce and Software in Q3
December 12, 2024
The top market sector for NPE litigation in Q3 2024 was E-Commerce and Software, accounting for 25% of the defendants added to patent litigation campaigns. Networking saw the second highest amount of NPE litigation in the third quarter, fol...
Read full postPTAB Institution Rate Climbed in Q3 As Courts Scrutinized USPTO’s Regulatory Authority
November 21, 2024
The Patent Trial and Appeal Board (PTAB) instituted trial for 72% of the America Invents Act (AIA) review petitions addressed in Q3, up from that same quarter last year (during which the institution rate was 68%) but down slightly from Q2 2...
Read full postEast Texas Was Top District in Q3 as Delaware Disclosure Drama Continued
November 13, 2024
The Eastern District of Texas remained the top patent district in Q3 2024 for both overall litigation and NPE litigation, by a wide margin in both categories. In a distant second place was the District of Delaware, which saw a third as many...
Read full postEx 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...
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