That's more than 70 times the average
number of patent cases heard in other federal judicial districts.
However, since 2009, the CAGR of
the number of patent cases filed has been 24 percent, or almost three times the growth over the entire period.»
These changes to the joinder rules are responsible for much of the rise in
the number of patent cases since 2011.
As a metric for the business of litigation,
the number of patent cases filed is a basic indicator.
«Judges and lawyers from the Eastern District of Texas are battling back at legislation partially aimed at curtailing the inordinate
number of patent cases argued in the region.
By Brian C. Howard, Legal Data Scientist & Director of Analytics Services Over the last few years, the Eastern District of Texas and the District of Delaware have led the nation in
the number of patent cases filed each year.
Over the last few years, the Eastern District of Texas and the District of Delaware have led the nation in
the number of patent cases filed each year.
Between 2012 and 2013,
the number of patent cases filed per year increased by about 670 cases - a -LSB-...]
That's the quarter in which the AIA was enacted, increasing
the number of patent cases filed by plaintiffs
Some have used the growing
number of patent cases to
Check out the chart below for an idea of how
the number of patent cases have increased in the last eight years:
Not exact matches
Samsung ended up losing the court
case and was order to pay just over $ 1 Billion for a
number of different
patent infringements.
Lex Machina reports that 316 ANDA
cases were filed in 2016 compared to 468 in 2015;
number of inter partes review petitions filed on Orange Book
patents has declined since 2015.
Tafas: The U.S. Court
of Appeals for the Federal Circuit has agreed to rehear en banc Tafas v. Doll, a major
patent case which could «restrict sharply the
number of continuations, claims, and requests for continued examination that
patent applicants may file,» the National Law Journal's Marcia Coyle reports.
The Alice
case seems to have set the precedent for invalidating a
number of software / internet
patents.
The
number of patents granted has a compound average growth rate
of 3.8 percent since 1991 — about two - thirds the growth rate
of new
case filings
of patent infringement.
According to The New York Times «In recent years, a single judge based in Marshall Texas oversaw about a quarter
of all
patent cases nationwide, more than the
number handled by all federal judges in California, Florida and New York combined.»
He has been involved successfully in a
number of high profile
patent, design and trade mark
cases.
They track a variety
of characteristics in order to estimate
patent litigation costs in each
case, including the amount
of time taken by each
case through to final disposition and the
number of documents filed by all the parties in each
case.
The ruling will limit forum shopping and greatly reduce the
number of cases filed in the Eastern District
of Texas, which is perceived as the most favorable district for plaintiffs bringing
patent claims.
Apple wanted to ensure that summary judgment could result in further narrowing with respect to the
number of different
patents - in - suit, presumably because it expects to be more successful with its summary judgment (SJ) motions than Samsung (which was the
case last year).
Our attorneys represented plaintiff EazyPower Tool Corporation in a
number of patent infringement and trade dress infringement
cases in the Northern District
of Illinois involving a tool extension shaft.
Even during this week, the slowest and calmest one
of the year, some judges and lawyers are working on a
number of smartphone
patent cases.
Other advances in law have come with search engines such as Lexmachina, which searches through a small
number of databases to predict the outcome
of patent cases.
• Mark A. Cantor (IP Litigation Category)-- president, registered
patent attorney, professional engineer and one
of the firm «s five founders — has handled and tried litigation
cases relating to
patents, trademarks, trade secrets and copyrights in a
number of national and international forums.
Peter has also acted as lead counsel in a
number of international
patent litigation
cases brought simultaneously in European and non-European jurisdictions.
Excerpted charts from the report: Figure 7: Total
patent cases filed by year Figure 13: Word cloud
of trade names, sized by
number of cases and colored by
number of asserted
patents (omitting tradenames with less -LSB-...]
Given the thousands
of new
cases filed, these
numbers confirm the overwhelming importance
of settlement negotiations in
patent cases, and would even suggest that trial decisions might almost be an afterthought for those seeking infringement damages.
A significant portion
of his practice relates to complex
cases that involve the interface
of intellectual property and antitrust, especially in relation to standard essential
patents and he has been involved in a significant
number of the leading
cases in that area.
Figure 13: Word cloud
of trade names, sized by
number of cases and colored by
number of asserted
patents (omitting tradenames with less than 3
cases)
The
case presents a
number of intriguing issues, among them the meaning
of Article X, section 4
of the California Constitution and its application, if any, to lands for which title is derived from a provisional Mexican land grant confirmed by a federal
patent issued in the 19th century.
Excerpted charts from the report: Figure 7: Total
patent cases filed by year Figure 13: Word cloud
of trade names, sized by
number of cases and colored by
number of asserted
patents (omitting tradenames with less than 3
cases)
2016's first quarter had the least
number of patent infringement
cases since the third quarter
of 2011.
The first quarter was also a trough for
patent infringement
cases after last November's massive
number of 847
patent cases, just more than 100
cases less than the entire docket for this year's first quarter.
Pain relief med Oxycontin has the largest
number of ANDA litigation
cases; testosterone and metformin hydrochloride were the leading ingredients when it came to
patent enforcement.
A second spike, immediately prior to the effective date
of the AIA in late 2011, correlates with
patent holders» last chance to sue large
numbers of defendants in a single
case.
Indeed, while district courts invalidated more than double the
number of patents under § 101 in the second half
of 2014 than in the entire previous year, those decisions represent a very small
number of cases relative to the volume
of litigation in the system.
In Figure 20 (Plaintiffs with Most
Patents Asserted in
Cases Open during 2013)
of the 2013 Year in Review, many were surprised by the
number 1 plaintiff, Telefonaktiebolaget LM Ericsson («LM Ericsson»).
The Dutch appeal court recently ruled (
case number 200.141.812 / 01 / 17-2-2015) that the European
Patent Organisation (EPO) violated workers» labour rights deriving from the EU Treaties and the EU Charter
of Fundamental Rights.
Some
of our notable entertainment and media attorneys are: John Quinn, General Counsel
of the Academy
of Motion Picture Arts and Sciences, who has also represented entertainment and media clients in a
number of high profile
cases; Kathleen Sullivan, the former Dean
of Stanford Law School, First Amendment scholar, and nationally renowned appellate advocate, who heads the firm's appellate practice group; Bob Raskopf, an expert in the sports, entertainment and media bars in New York, who is perhaps best known for his work on behalf
of professional sports leagues and teams, newspapers and publishers; Claude Stern, who has represented a broad array
of leading software developers, videogame manufacturers, online publishers and other media clients in all forms
of intellectual property litigation, including copyright,
patent, trade secret, trademark, and licensing disputes; Bruce Van Dalsem, who has tried and resolved disputes for studios, producers and performing artists in the film, television, music and finance businesses, securing a top five verdict in California based on the misappropriation
of a film library; Gary Gans, an expert litigator in motion picture financing, production and distribution disputes, as well as copyright and idea theft
cases, who has been named in 2012 by The Hollywood Reporter as one
of America's «Top Entertainment Attorneys;» Jeff McFarland, who has litigated entertainment related
cases for more than 20 years, including
cases involving motion picture and television series profits, video game licenses, idea theft and the «seven year rule;» and Michael Williams, who represents a satellite exhibitor and other media clients in trademark, copyright,
patent, antitrust and other commercial litigation.
Although only a few weeks have elapsed since the rule changes, Judge Stark's new
patent procedures have so far coincided with a decline in the
number of cases filed.
So
cases involving design
patents constitute a small percentage
of patent litigation compared to the
number of cases involving only utility
patents (historically, just under 10 % and declining to less than 5 % in 2012 and 2013).
As an aside, the enormous 2007 spike, more clear in the month - by - month view
of Figure 8, was driven by the large
number of asserted
patents per
case (and the large
number of cases) in the Ronald A. Katz litigation.
995
patent cases were filed in the third quarter
of 2017, a 12.3 % decrease from the
number of cases filed in last quarter.
According to research firm United
Patents, holding companies like VirnetX filed 66.9 percent
of patent lawsuits in the United States in 2015 alone, and the Eastern District
of Texas handled a disproportionate
number of those
cases — 44 percent (and over 400 alone last November).
There's hope on the horizon — a petition currently before the Federal Circuit aims to reduce the
number of cases in the Eastern District's jurisdiction — but until bogus
patent enforcement becomes significantly more challenging or expensive,
patent holding firms will no doubt continue to litigate.
The Electronic Frontier Foundation, Consumers Union, and Public Knowledge have joined forces and filed an amicus brief (PDF) in a pending Supreme Court
case that could help set limits on the
number of times in a single supply chain that a
patent holder can profit from its
patents.
Because troll
cases are often built upon a rocky foundation (and most
of them, if played out, end with the troll losing), this upfront cost would effectively curtail the
number of patent troll
cases.
The Eastern District
of Texas is still
number one for
patent cases.