Time Pressure at the PTAB: The Impact of the NHK-Fintiv Rule
February 8, 2023
2022 was a year of change for the Patent Trial and Appeal Board (PTAB) in the wake of USPTO Director Kathi Vidal’s April confirmation, with some of her most notable reforms impacting the PTAB’s practice of discretionary denials in Ameri...
Read full postWest Texas and Delaware Topped the Venue Rankings in 2022 Despite Significant Upheavals
February 1, 2023
The Western District of Texas was the top district for overall litigation and NPE litigation in 2022, holding the number-three spot for operating company litigation. Meanwhile, Delaware was the second most popular venue for overall litigati...
Read full postPlaintiffs Linked to Top Players, Inventors, and Third-Party Funders Hit E-Commerce and Software Space in Q4
January 25, 2023
The top market sector for NPE litigation in Q4 2022 was E-Commerce and Software, accounting for 27% of new defendants added to patent litigation campaigns. Consumer Electronics and PCs saw the second-most NPE litigation in the fourth quarte...
Read full postNPE Filings Remain Stable as Operating Company Litigation Dips
January 18, 2023
Despite notable events impacting NPE behavior in West Texas and Delaware, 2022 was practically a repeat of 2021 in terms of litigation volume—continuing the long-run trend under which such plaintiffs have named around 2,200 defendants per...
Read full postDespite Order Targeting Judge Albright, West Texas Patent Litigation Dipped Less than Expected in 2022
January 11, 2023
Western District of Texas Judge Alan D. Albright has long been the nation’s top patent judge, but some had expected this to change as the result of a July 2022 standing order from the district’s chief judge that seemed designed to under...
Read full postAnticounterfeit Litigation Swung Back Up in the Third Quarter
December 28, 2022
RPX’s latest quarterly report shows that operating company litigation was down by about 7% in Q3 2022—and that decline that was even greater, at 14%, when excluding Abbreviated New Drug Application (ANDA) litigation targeting generic dr...
Read full postPTAB Petitions Drop Slightly; Vidal Sets New Rules on Sanctions
December 14, 2022
In the third quarter of 2022, 330 petitions for America Invents Act (AIA) review were filed with the Patent Trial and Appeal Board (PTAB), including 319 petitions for inter partes review (IPR) and 11 petitions for post-grant review (PGR). F...
Read full postJudge Albright, Still the Nation’s Top Patent Jurist, Pushes Back on Transfer Motions
December 7, 2022
The top patent judge in Q3 2022, with 11% of new litigation filed in his courtroom, was District Judge Alan D. Albright of the Western District of Texas. As RPX has extensively covered in the past few years, Judge Albright has long been abl...
Read full postInitial Dip After West Texas Judge Assignment Order Shaped by Outlying Plaintiff Behavior
November 30, 2022
RPX’s third-quarter report takes a close look at the Western District of Texas order designed to funnel patent litigation away from the nation’s top patent judge, Alan D. Albright—revealing that the new rule has had less of an impact ...
Read full postAIA Review Institution Rate Increases as Vidal Refines Rules on Discretionary Denials
November 16, 2022
In the third quarter of 2022, the Patent Trial and Appeal Board (PTAB) instituted trial in 67% of the America Invents Act (AIA) review petitions addressed in Q3 2022, up from 53% in the third quarter last year. The institution rate for 2022...
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