The Supreme Court Has Again Declined to Revisit Section 101, While Alice’s Post-Berkheimer Dip Persisted in Q3 2020
November 11, 2020
The US Supreme Court handed defendants a major defensive tool through its landmark 2014 Alice decision, but, as RPX’s latest quarterly report explains more fully, the nation’s highest court has stepped back even as the Federal Circuit n...
Read full postIn Q3 2020, a Variety of NPEs Asserted Patents Divested from Intellectual Ventures
November 4, 2020
RPX’s latest quarterly update considers the key drivers of NPE patent litigation in Q3 2020—one of which has been the ongoing divestiture of patents from Intellectual Ventures LLC (IV). Indeed, RPX data indicate that since 2016, NPEs ha...
Read full postOperating Company Litigation Went Up in Q3 2020 as Pure Design Patent Cases Spiked
October 28, 2020
As showcased in RPX’s latest quarterly report, one of the most notable district court trends in Q3 2020 was a massive spike in litigation asserting purely design patents—pushing the quarterly total up by 167%. However, even if we exclud...
Read full postIn Q3 2020, West Texas Remained the Top District Overall, While Design Patent Plaintiffs Flocked to Northern Illinois
October 21, 2020
RPX data show that in the third quarter of 2020, the Western District of Texas remains the most popular venue for overall patent litigation (i.e., with no filter for plaintiff type, and excluding campaigns asserting only design patents) and...
Read full postNPE Filings Increased in Q3 2020, but Design Patent Plaintiffs Were the Most Litigious
October 14, 2020
RPX data show that the third quarter of 2020 saw a massive and unprecedented spike in patent litigation asserting purely design patents, comprising more than 1,670 defendants added—or 67.8% of the total amount of litigation filed in Q3. H...
Read full postIn Chinese Patent Litigation, Plaintiffs Succeed More Often with Utility Model Patents Than with Invention Patents
October 7, 2020
Three types of patents are available in China: invention patents, utility model patents, and design patents. The first two types represent the biggest departure from the US patent system, in that they effectively establish a two-tiered pate...
Read full postSeven out of Ten Patent Jury Trials Favor Plaintiffs
September 30, 2020
Although only about 3% of patent cases ultimately go to a jury trial, understanding how jury verdicts break down can affect decisions made earlier in the course of litigation. Here, RPX has analyzed all patent jury verdicts rendered since 2...
Read full postDefendants Win Summary Judgment Less Often Than Plaintiffs for Infringement and Invalidity
September 23, 2020
RPX data on district court outcomes reveal that summary judgment grant rates vary by party type for two of the most significant issues commonly raised at that stage: infringement and invalidity. An analysis of such grant rates broken down b...
Read full postThe PTAB Sees a Relatively Small Percentage of Patents Litigated in District Court
September 16, 2020
Proponents and critics of the Patent Trial and Appeal Board (PTAB) have often debated whether validity challenges brought before it serve more as a sword or a shield—meaning, whether PTAB proceedings are used more as an offensive or defen...
Read full postIn Chinese Patent Cases, Domestic and Foreign Plaintiffs Succeed on the Merits at Similar Rates
September 9, 2020
Patent litigation has increased significantly in China, spurred in part by dramatic reforms of the country’s patent system. As part of those efforts, the Chinese government has actively fought against outside misconceptions about China’...
Read full post