Q2 in Review: Alice Reined In as Invalidation Rate Drops, While Patent Litigation Picks Up
July 9, 2019
The end of the second quarter saw trends on patent eligibility come full circle as the US Supreme Court’s decision in Alice, a key defensive tool, has been significantly curtailed by ensuing case law as the ruling reaches its fifth annive...
Read full postClarity Through Data: A System-Wide Reconstruction of Recent “Serial” IPR Studies
June 13, 2019
A recurring debate since the passage of the America Invents Act has been about the issue of “serial” or “duplicative” petitions for inter partes review (IPR), with some stakeholders arguing that the filing of multiple IPRs against t...
Read full postQ1 in Review: New Uncertainties Spark Further Change as Reform Momentum Builds
April 30, 2019
In 2018, the patent system began experiencing a series of changes that tended to favor patent plaintiffs, and some of those same trends accelerated in the first quarter of 2019. Plaintiffs have continued to adjust to the US Supreme Court’...
Read full post2018 Patent Litigation and Marketplace Overview
January 17, 2019
The patent system has seen a variety of long-held expectations fall by the wayside in recent years, and 2018 was no exception. Over the past year, a series of Federal Circuit rulings and USPTO reforms reshaped district court and PTAB validi...
Read full postQ3 in Review: PTAB Remains in the Spotlight as Private Equity Assumes Greater Role in Patent Assertion
October 9, 2018
The third quarter of 2018 saw the resolution of some lingering uncertainties from Q2, as judicial rulings and proposed reforms set the stage for additional changes to the patent ecosystem in the months ahead. The law surrounding patent venu...
Read full postA Quantitative Analysis of Chinese Patent Litigation
October 4, 2018
The dramatic rise of patent litigation in China in recent years has created a need for insight into how the system performs—what kinds of cases are brought, how those cases turn out, and the potential risks posed by remedies in those case...
Read full postChinese Patent Litigation: A Comparative Overview
September 11, 2018
Patent litigation in China has become an unavoidable prospect for many international companies, as a series of systemic reforms—and the temptation of readily available injunctive relief—have helped turn Chinese courts into increasingly ...
Read full postHow Fair Are Jury Verdicts?
July 23, 2018
At the annual RPX client conference in May, a panel of judges urged those in the audience to place more trust in juries to correctly and fairly adjudicate patent disputes. That trust often depends on anecdotal evidence for certain venues, a...
Read full postQ2 in Review: Courts Grapple with Foreign Damages and Patent Eligibility as Plaintiff-Centric Trends Continue
July 10, 2018
The patent ecosystem continued to show signs of a shift back in favor of patent owners in the second quarter, as some of the plaintiff-centric trends from Q1 remained at play. Patent validity challenges, in particular, underwent further cha...
Read full postWesternGeco Opens the Door to Foreign Lost Profits, but Uncertainties Remain
June 27, 2018
The US Supreme Court has issued its decision in WesternGeco v. ION Geophysical, ruling that patent plaintiffs may recover lost profits damages when an infringer has made certain components in the US for an invention that gets assembled abr...
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