Two Years After SAS Institute, AIA Review Institution Rates Remain Relatively Unchanged
June 24, 2020
In April 2018, the Supreme Court’s SAS Institute decision ended the practice of partial institution decisions in America Invents Act (AIA) reviews, under which the Patent Trial and Appeal Board (PTAB) would sometimes institute trial for a...
Read full postCOVID-19 and Patent Litigation: What Happened During the Last Recession
June 17, 2020
The COVID-19 pandemic has had a sweeping negative impact on the US economy. While the patent space has seen much higher levels of infringement litigation than expected, stakeholders are looking ahead to the pandemic’s longer-term impact o...
Read full postDefendant Summary Judgment Rates Have Been Relatively Unaffected by COVID-19
June 10, 2020
RPX data show that the filing of new patent litigation has been steadily increasing despite the spread of COVID-19, but many may be wondering whether the need to argue key issues by phone or videoconference will impact the substantive outco...
Read full postPatent Litigation Has Been Increasing Despite the COVID-19 Pandemic
June 3, 2020
RPX data reveal that the COVID-19 pandemic has not caused a decrease in patent litigation, despite its sweeping impact on many other areas of the economy. To the contrary, it may be contributing to an increase, especially for litigation fil...
Read full postAlice Remains a Narrower Off-Ramp for Defendants as Berkheimer Is Here to Stay
May 27, 2020
Alice was once a key defensive tool for companies faced with patent litigation, but it has grown markedly harder to wield in the past two years. RPX data show that the overall Alice invalidation rate has dipped as a result of the Federal Ci...
Read full postWhen Alice Challenges Turn on Berkheimer/Aatrix, NPE Plaintiffs Tend to Fare Worse
May 20, 2020
RPX data show that NPEs are far less successful than operating companies at blocking Alice motions under Berkheimer and Aatrix, which prevent a court from deciding an early eligibility motion when the plaintiff establishes a factual dispute...
Read full postDefendants Raising Alice Challenges Succeed in Overcoming Berkheimer/Aatrix More Often at Rule 12
May 13, 2020
The Federal Circuit’s decisions in Berkheimer and Aatrix have significantly narrowed the application of Alice by precluding some early rulings on Section 101 in light of factual disputes. However, RPX data show that defendants who file Al...
Read full postAs Berkheimer and Aatrix Pass the Two-Year Mark, Alice Invalidation Rates Remain Lower at Both Rule 12 and Summary Judgment
May 6, 2020
RPX data show that Alice invalidation rates remain significantly lower as a result of the Federal Circuit’s February 2018 decisions in Berkheimer and Aatrix—including challenges decided at both the Rule 12 and summary judgment stages. F...
Read full postIn Q1 2020, Operating Company Litigation Outpaced Last Year’s First Quarter but Trailed Four-Year Average
April 29, 2020
RPX data show that in Q1 2020, operating companies filed significantly more patent litigation than the same period last year, adding 421 defendants to campaigns—20.6% higher than Q1 2019. Still, filings by operating companies in the first...
Read full postPTAB Filings Held Steady in Q1 as Arthrex Continues to Cast Doubt on Prior AIA Review Decisions
April 23, 2020
In the first quarter of 2020, 341 petitions for America Invents Act (AIA) review were filed with the Patent Trial and Appeal Board (PTAB), including 317 petitions for inter partes review (IPR), four petitions for covered business method (...
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