Institution Rates Increased in Q2 as USPTO’s Discretionary Denial Proposal Faced Potential Setbacks
August 14, 2024
The Patent Trial and Appeal Board (PTAB) instituted trial for 74% of the America Invents Act (AIA) review petitions addressed in Q2 2024, up from that same quarter last year (during which the institution rate was 70%) and from Q1 2024 (68%)...
Read full postDelaware NPE Filings Dropped Further in Q2 as Second-Place West Texas Hung On
August 7, 2024
In Q2 2024, the Eastern District of Texas was once again the top district for overall patent litigation (i.e., filings from all plaintiff types) and NPE litigation. However, the District of Delaware continued its downward slide in the NPE r...
Read full postReexams More Popular than Ever in 1H 2024
July 24, 2024
Ongoing uncertainty over discretionary denials at the Patent Trial and Appeal Board (PTAB) has apparently continued to discourage some defendants from filing America Invents Act (AIA) reviews. With institution in AIA review trials perceived...
Read full postJudge Albright Still Sees Most of Waco’s Patent Cases, but a New Rule Could Change That
July 17, 2024
In July 2022, the now-former chief judge of the Western District of Texas, Orlando L. Garcia, issued an order designed to reduce the concentration of patent litigation before District Judge Alan D. Albright, who had successfully (and openly...
Read full postUpward Trend for NPE Litigation Continues in Q2
July 10, 2024
NPEs added 922 defendants to patent litigation campaigns in the first half of 2024, a 21% increase from that same period last year (when NPEs added 765 defendants). Operating company litigation went up by 10% in the first half of the year, ...
Read full postNumerous Online Storefronts Targeted over Copycat Products in Q1
June 19, 2024
RPX’s latest quarterly report shows that operating company plaintiffs added 270 defendants to patent litigation campaigns in Q1 2024, essentially holding steady compared to Q1 2023 (when such plaintiffs added 269 defendants) and Q4 2023 (...
Read full postPTAB Petitions Dip as Vidal Wields Director Review Power to Address Uncertainty
June 5, 2024
The Patent Trial and Appeal Board (PTAB) saw 328 petitions for America Invents Act (AIA) review in the first quarter of 2024, including 322 petitions for inter partes review (IPR) and six petitions for post-grant review (PGR). Filings were ...
Read full postNPEs Linked to Familiar Monetization Professionals and Inventors Hit E‑Commerce and Software in Q1
May 22, 2024
The top market sector for NPE litigation in Q1 2024 was E-Commerce and Software, accounting for 33% of the defendants added to patent litigation campaigns. Consumer Electronics and PCs saw the second highest amount of NPE litigation in the ...
Read full postAs PTAB Institution Rates Dip Slightly, USPTO Releases Slimmed-Down Reform Package
May 15, 2024
The Patent Trial and Appeal Board (PTAB) instituted trial for 68% of the America Invents Act (AIA) review petitions addressed in Q1 2024, down from that same quarter last year (during which the institution rate was 72%) but up slightly from...
Read full postJudge Albright Slides to Third Place as Parties Spar over Venue Caselaw
May 8, 2024
Eastern District of Texas Chief Judge Rodney Gilstrap had the most overall patent litigation last quarter, seeing 18% of the defendants added in Q1. Western District of Texas Judge Alan D. Albright was tied for a distant third place with Di...
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