Federal Circuit Appeals Tend to Settle Quickly
January 22, 2020
RPX data indicate that when Federal Circuit appeals of patent cases end in settlement, they do so relatively quickly. The median time to dismissal is just 138 days for district court infringement suits where the type of dismissal indicates ...
Read full postFederal Circuit Affirms at Least One Issue in over Half of All Appeals from District Courts
January 15, 2020
RPX data show that the Federal Circuit affirms at least one issue in more than half of district court cases appealed, at 57%. About a quarter of such appeals end in likely settlement (i.e., when an appeal ends with an unopposed, stipulated,...
Read full postHalf of Operating Company Patents Survive Alice Challenges, with Two Thirds Cancelled for NPEs
January 8, 2020
RPX data show that district courts invalidate operating company patents under Alice about half of the time, counted by patents litigated by operating company plaintiffs that have been challenged and adjudicated under Section 101. NPEs tend ...
Read full postOperating Company Litigation Hitting the Same Top Market Sectors as Last Year
December 18, 2019
RPX data show that in 2019 to date, operating companies have added the most defendants to litigation campaigns in three market sectors—the same ranking as in 2018: Consumer Products (accounting for 38% of defendants added), Biotech and Ph...
Read full postWhen Plaintiffs Win in Chinese Patent Cases, Injunction Grant Rates Are High, Regardless of Party Nationality
December 11, 2019
RPX data show that Chinese courts consistently grant permanent injunctions in patent infringement cases at a much higher rate—upwards of 90%—than US patent plaintiffs are used to seeing. Moreover, those rates are high for both foreign a...
Read full postPatent Plaintiffs in China Succeed More Often with Design Patents than Utility Patents
December 4, 2019
RPX data on Chinese patent litigation show that plaintiffs win a favorable judgment more than half of the time in cases asserting all three types of Chinese patents, and most often for design patents. Moreover, in infringement cases decided...
Read full postIn China, the Greatest Number of Decided Cases Concern Design Patents
November 27, 2019
RPX data on Chinese patent litigation show that cases asserting design patents make up the greatest share of lawsuits that have reached a judgment—more than the country’s other two patent types combined. From 2006 through August 2019, d...
Read full postThe Types of Chinese Patents: Data Breakdown and Overview
November 20, 2019
The Chinese patent system offers three types of patents, varying in the type and duration of protection offered as well as the level of examination they receive. The latest available annual data on Chinese patents illustrate the breakdown o...
Read full postThree Market Sectors Remain the Most Popular for NPE Litigation
November 13, 2019
So far this year, RPX data show that NPEs have added the greatest number of defendants to litigation campaigns in three market sectors—the same ranking as in 2018: E-Commerce and Software (accounting for 25% of defendants added), Consumer...
Read full postFederal Circuit Frequently Affirms Most Issues Appealed from District Court Patent Cases
November 6, 2019
RPX data show that the Federal Circuit affirms more than half of appeals from district court patent cases on several of the top issues appealed. Notably, the court tends to uphold claim construction rulings: in appeals decided from 2013 thr...
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