Changes 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...
Read full postDecrease in Q1 Operating Company Patent Litigation Comes with a Canine Caveat
May 19, 2021
Operating companies added 19% fewer defendants to patent litigation campaigns in the first quarter of 2021 than they did in the same period one year ago, adding 256 defendants (compared to 316 defendants a year ago.). Additionally, operatin...
Read full postAlice Challenges Succeed Most Often in Financial Services Litigation
May 12, 2021
RPX data on patent eligibility reveal that parties filing Alice motions prevail far more often in litigation targeting certain industries—especially Financial Services, which saw a marked increase in NPE litigation in Q1 2021. A breakdown...
Read full postWest Texas Topped the NPE Charts in Q1, but a Single OpCo Case Pushed an Uncommon Venue Even Higher
May 5, 2021
In Q1 2021, the Western District of Pennsylvania was the top venue for overall patent litigation and for litigation filed by operating companies. While that district is ordinarily not a popular patent venue, it took first place as the somew...
Read full postAlice 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 gran...
Read full postNPE Litigation Targeting Financial Services Surged in Q1
April 21, 2021
A breakdown of NPE district court filing trends by market sector (comparing the number of defendants added in Q1 to the quarterly average for 2020) reveals a marked increase in litigation targeting certain industries in the first quarter. S...
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