Berkheimer 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 ...
Read full postPTAB Filings Edged Upward in Q2 as IPR Withstood Another Set of Constitutional Challenges
July 29, 2020
In the second quarter of 2020, 380 petitions for America Invents Act (AIA) review were filed with the Patent Trial and Appeal Board (PTAB), including 356 petitions for inter partes review (IPR), two petitions for covered business method (...
Read full postThe Western District of Texas Topped the Charts in Q2
July 22, 2020
RPX data show that the Western District of Texas kept gaining steam in the second quarter of 2020, becoming the most popular district for patent litigation overall (counting defendants added by all plaintiff types) and remaining in first pl...
Read full postIn Q2 2020, Operating Company Litigation Swung Upward
July 15, 2020
RPX data show that operating company patent infringement filings in Q2 2020 were the highest seen in any second quarter since 2012. In Q2, operating companies added 566 defendants to patent litigation campaigns, beating the same quarter las...
Read full postAutomotive NPE Litigation Revs Up in 2020
July 8, 2020
RPX data show that NPE patent litigation targeting the Automotive market sector has increased dramatically in 2020, rising by 150% in the first half of the year compared to the same period in 2019. As recently reported by RPX, a variety of ...
Read full postSummary Judgment Grant Rates Are Lower in the Eastern District of Texas
July 1, 2020
An RPX analysis of district court summary judgment outcomes reveals that some of the most notable patent venues differ widely in their treatment of such motions. Most significantly, far fewer cases are resolved on summary judgment in the Ea...
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