Federal Circuit Appeals from District Court Settle Quickly
December 16, 2020
RPX data reveal that when Federal Circuit appeals of district court patent cases end in settlement, they do so fairly quickly. For appeals dismissed from 2014 through October 2020, the median time to dismissal is just 134 days for district ...
Read full postDamages in Chinese Patent Cases Are Quite Small Compared to Those in the US
December 9, 2020
The dynamics of Chinese patent litigation vary significantly from those in the US—and one key distinction involves damage awards, which tend to be much smaller than those seen in American patent suits. Although at least some damages have ...
Read full postFormer Operating Company Patents Have Been at Issue in the Majority of NPE Litigation
December 2, 2020
One of the most significant ongoing drivers of NPE litigation has been the assertion of operating company patents. As RPX has extensively reported, and as RPX’s data confirm, the acquisition of such assets by NPEs—either directly from t...
Read full postAutomotive, Medical, and Networking Litigation Increased Significantly in Q1-Q3 2020
November 25, 2020
RPX data show that NPE patent litigation hitting the Automotive market sector remains well above levels observed last year, having risen by 131% in Q1-Q3 2020 compared to the same period last year. Earlier this year, a number of notable pla...
Read full postIn Q3 2020, PTAB Petitions Went Up as Stakeholders Debated Rule Impacting Frequent Petitioner-Defendants
November 18, 2020
In the third quarter of 2020, 461 petitions for America Invents Act (AIA) review were filed with the Patent Trial and Appeal Board (PTAB), including 440 petitions for inter partes review (IPR), nine petitions for covered business method (CB...
Read full postThe 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...
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