Alice 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 ...
Read full postDelaware Was 2019’s Top Patent District, but West Texas Has Been Rising in 2020
March 11, 2020
In the fourth quarter of 2019, the District of Delaware was the most popular district for patent litigation overall, also holding the top spot for both NPE and operating company litigation. For NPEs, the Eastern District of Texas—long fav...
Read full postPTAB Filings Dip as Arthrex Hangs Over Prior Decisions
March 4, 2020
In the fourth quarter of 2019, 332 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), five petitions for covered business method (C...
Read full postOperating Company Patent Litigation Decreased in 2019, Despite Overall Uptick
February 26, 2020
RPX data show that while patent litigation increased in 2019 overall—with 4.6% more defendants added than in 2018—operating company litigation fell by 12% compared to the year before (with 1,560 defendants added in 2019 versus 1,772 in ...
Read full postWestern District of Texas Just Overtook the District of Delaware as the Top Patent Venue
February 19, 2020
Since his confirmation to the bench in September 2018, District Judge Alan D. Albright has taken active steps to make the Western District of Texas the new hotbed for patent litigation, including issuing a standing order that implements rul...
Read full postAlice Invalidation Rates Remain More than 20% Lower Since Berkheimer
February 12, 2020
The Federal Circuit’s February 2018 opinions in Berkheimer and Aatrix have significantly trimmed the application of Alice in district court litigation through their combined rulings that a factual dispute over a patent’s inventive...
Read full postNPE Litigation Increased by Over 20% in 2019
February 5, 2020
RPX data show that patent litigation increased by around 4.6% in 2019 over 2018, counted by defendants added to litigation campaigns (with 3,555 defendants added in 2019 versus 3,398 in 2018). That increase was driven by NPEs, which added 2...
Read full postBiotech and Pharma Is the Leading Market Sector for District Court Cases Appealed to the Federal Circuit
January 29, 2020
RPX data show that the Federal Circuit has seen the greatest number of district court appeals from cases in the Biotech and Pharma market sector. From 2013 to 2019, the Federal Circuit’s docket has included appeals of more than 850 infrin...
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