When 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 (...
Read full postWest Texas Continued to Rise in Q1 as the Federal Circuit Closed a Venue Loophole
April 15, 2020
In the first quarter of 2020, the District of Delaware remained the most popular district for patent litigation overall but fell to second place for both NPE and operating company cases. The Western District of Texas became the second-most ...
Read full postIn Q1 2020, NPEs Had Their Busiest First Quarter Since 2015
April 7, 2020
RPX data show that NPE filings in Q1 2020 were the highest observed in any first quarter since 2015. In Q1, NPEs added 505 defendants to patent litigation campaigns, 16.9% higher than the corresponding quarter in 2019 and 13.8% higher than ...
Read full postAlice Invalidation Rate Stands at 60% Overall Despite Berkheimer Dip
April 1, 2020
RPX data show that 60% of patents have seen claims invalidated under Alice since that decision’s issuance in June 2014. Outcomes diverge based on plaintiff type; while NPE patents had an Alice invalidation rate of 65% during that period, ...
Read full postIn 2019, NPE and Operating Company Patents Were Invalidated Under Alice at Nearly the Same Rate
March 25, 2020
RPX data show that patents held by NPEs and operating companies were invalidated under Alice at similar rates in 2019. Last year, 44% of NPE patents adjudicated under Alice saw at least one claim invalidated, while 42% of operating company ...
Read full postSince Berkheimer, Alice Invalidation Rates Have Dipped by More than 20% at Both Rule 12 and Summary Judgment
March 18, 2020
The Federal Circuit’s February 2018 opinions in Berkheimer and Aatrix have markedly narrowed the district court application of Alice through their combined holdings that factual disputes over a patent’s inventiveness may preclude early ...
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