Patent Plaintiffs in China Succeed Most Often When Asserting Design Patents
July 28, 2021
The Chinese patent system offers three types of patents: invention patents, utility model patents, and design patents. RPX data reveal that plaintiffs asserting them in litigation prevail at different rates—winning most with design patent...
Read full postMerits-Based Outcomes in US Patent Cases over the Past Decade
July 21, 2021
A look back at US patent litigation outcomes on the merits over the past decade shows that cases consistently get decided most often at summary judgment. In particular, an analysis of cases closed per year and decided on the merits in 2010 ...
Read full postTop US Patent Districts Diverge on Merits-Based Outcomes
July 14, 2021
RPX data on US patent litigation outcomes show that patent cases tend to get adjudicated on the merits more often at different stages depending at the district. For cases closed in 2018 through 2020, an analysis of some of the nation’s mo...
Read full postIn US Patent Cases, Reaching an Outcome on the Merits Is a Lengthy Proposition
July 7, 2021
RPX data on US patent litigation outcomes show that just 3% of patent cases are adjudicated on the merits of the underlying claims of patent infringement. Unsurprisingly, such lawsuits also tend to last a lot longer than those decided on no...
Read full postPatent Invalidation Rates in China Remain High Despite Dramatic Increase in Challenges Decided
June 30, 2021
As China becomes an increasingly popular venue for patent litigation, it is not a surprise that the number of invalidity challenges decided has grown as well—while invalidation rates have remained consistently high. RPX data show that pat...
Read full postChanges May Increase Defendant Risk in China, Where Patent Plaintiffs Already Enjoy High Win Rate
June 23, 2021
China has become an increasingly popular venue for patent litigation, as the country’s courts offer patent owners a variety of significant benefits over other jurisdictions—including a markedly higher plaintiff win rate. As shown below,...
Read full postAs NHK-Fintiv Constrains IPR Availability, District Court Defendants File More Reexams
June 16, 2021
Over the past two years, the Patent Trial and Appeal Board (PTAB) has made a series of changes that have effectively limited the availability of inter partes review (IPR) for many district court defendants—and as confirmed by RPX data, th...
Read full postUS Patent Suits Get Resolved on the Merits Just 3% of the Time
June 9, 2021
RPX data on US patent litigation outcomes paint a detailed picture of the manner in which patent cases get resolved—and how few of them are decided on the merits. The following graph provides a breakdown of dispositive outcomes in all US ...
Read full postOpCo Patent Sales Triggered More NPE Litigation in Q1 and Primed the Pump for Further Campaigns
June 2, 2021
RPX data on the origins of asserted patents show that the vast majority of patent litigation has consistently involved patents originating with operating companies. This trend persisted into Q1 and includes NPE litigation. As shown below, N...
Read full postJudge Albright Presided Over the Most NPE Litigation in Q1—and by a Wide Margin
May 26, 2021
RPX data show that Western District of Texas Judge Alan D. Albright presided over by far the largest share of patent litigation in 2020—accounting for 19% of all defendants sued last year and leading Eastern District of Texas Judge Rodney...
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