In 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 postBerkheimer Blocks at Least Half of Early Alice Challenges When Facts Are at Issue
September 2, 2020
The Supreme Court’s 2014 Alice decision long served as an early offramp for defendants in patent cases, allowing companies to invalidate patents before they had to face the most expensive parts of infringement litigation. However, this ch...
Read full postIn China, Patent Injunctions Are Common—and Confer Powerful Leverage
August 26, 2020
RPX data show that while damages in Chinese patent litigation are low compared to the US, the rate at which permanent injunctions are issued is quite high. When the plaintiff prevails (either outright or in a mixed-outcome judgment), an inj...
Read full postInfringement Is the Top District Court Issue Appealed to the Federal Circuit
August 19, 2020
RPX data on the Federal Circuit show that infringement is the most common issue appealed from district court patent cases, appearing in over 450 appeals. Claim construction and invalidity (under Sections 102/103/112) are the next two most f...
Read full postOperating Company Patents Have Largely Resisted Alice in 2020
August 12, 2020
RPX data show that NPE and operating company patents fared quite differently for Alice challenges decided in the first half of 2020. While 60% of NPE patents adjudicated under Alice in that period had all claims invalidated, just 15% of o...
Read full postNPEs Continued Their Filing Streak in Q2 2020
August 5, 2020
RPX data show that NPEs filed more patent litigation in Q2 2020 than in any second quarter since 2016, adding 633 defendants to campaigns—17.4% more than the same period last year, and 10.9% more than the Q2 2016-2019 average. NPEs filed ...
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