Impact of West Texas Judge Assignment Order More Muted than Expected
November 9, 2022
The Western District of Texas has been the top patent venue by a large margin for over two years, largely due to the efforts of Waco District Judge Alan D. Albright to attract patent litigation to his courtroom. Yet that concentration of pa...
Read full postWest Texas Hangs On Despite Order Targeting Judge Albright
November 2, 2022
In Q3 2022, the Western District of Texas retained its spot as the most popular district for all patent litigation and for litigation filed by NPEs. The District of Delaware was the top district for operating company litigation and held sec...
Read full postEx Parte Reexam Requests Start to Dip as NHK-Fintiv Denials Decline
October 26, 2022
The Patent Trial and Appeal Board’s (PTAB’s) use of discretionary denials under the NHK-Fintiv rule has pushed some would-be petitioners to turn elsewhere to challenge patent validity over the past few years. One such result was an in...
Read full postSemiconductor Litigation Surged in Q3
October 19, 2022
A breakdown of NPE district court filing trends by market sector shows that Semiconductors was one of the only sectors in which litigation increased during Q3 2022 compared to the same quarter one year ago—with 90 defendants added, or 173...
Read full postNPE Litigation in 2022 YTD Matches Prior-Year Period Despite Q3 Decline
October 12, 2022
So far this year, NPEs have added 1,774 defendants through September, meaning that filing levels are essentially unchanged compared to the same timespan in 2021 (during which NPEs added 1,783 defendants). In the third quarter of 2022, NPEs ...
Read full postPTAB Institution Rate Increases as USPTO Seeks to Further Limit Discretionary Denials
September 28, 2022
The Patent Trial and Appeal Board instituted trial in 66% of the America Invents Act (AIA) review petitions addressed in the first half of 2022, up from 59.8% in the same period last year and 59% for all of 2021. The institution rate in the...
Read full postAnticounterfeit Litigation Spiked Again in the Second Quarter
September 14, 2022
RPX’s latest quarterly report shows that operating company litigation was down by 8% in Q2 2022—a decline that was even steeper, at 17%, when excluding Abbreviated New Drug Application (ANDA) litigation targeting generic drugmakers. How...
Read full postPTAB Petitions Dipped in 1H 2022 as Vidal Began Addressing Stakeholder Criticisms
September 7, 2022
In the first half of 2022, 688 petitions for America Invents Act (AIA) review were filed with the PTAB, including 669 petitions for inter partes review (IPR) and 19 petitions for post-grant review (PGR). Filings in the year’s first half w...
Read full postParties Agreeing to Limit District Court-PTAB Overlap Increasingly Likely to Avoid NHK-Fintiv Denials
August 31, 2022
USPTO Director Kathi Vidal recently released a guidance clarifying the metes and bounds of the NHK-Fintiv rule, which governs the Patent Trial and Appeal Board’s (PTAB’s) use of discretionary denials in America Invents Act (AIA) reviews...
Read full postDefendants Still Filing More Reexam Requests Despite Dip in NHK-Fintiv Denials
August 24, 2022
A recent USPTO study reveals both a drop in discretionary denials based on the NHK-Fintiv rule and a rise in stipulations that allow defendants to avoid some aspects of NHK-Fintiv. That analysis nevertheless also indicates that, despite thi...
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