This year’s Patent Litigation Report celebrates ten years of legal analytics. With big changes over the last decade in the practice and business of patent law, the analytics tell some exciting stories. This report features federal district court data focusing on 2010 to 2019 overall, as well as a look at 2019. It also covers PTAB data from its inception in 2012 and a discussion of 2019.
Highlights in District Court include:
- Patent case filings declined slightly in 2019 after peaks in 2013 and 2015. While High-Volume Plaintiffs filed over half the patent cases in 2013 and 2015, they filed over 32% of patent cases in 2019.
- Cases are meeting milestones faster than at the beginning of the decade. The median time to trial and termination decreased by about 100 days between 2010 and 2019.
- The most active district for patent filings in 2019 was the District of Delaware with nearly 28% of cases. This is in stark contrast to more evenly distributed filings in 2010 and concentrated filings in the Eastern District of Texas in 2015.
- Various entities related to Uniloc USA, Inc. filed the most cases in the decade and continue to file the most patent cases in 2019. Likewise, Apple Inc. defended the most suits in the decade and in 2019.
- Stamoulis & Weinblatt filed the most patent lawsuits in the decade by a big margin with 2,074 cases. Fish & Richardson defended the most patent lawsuits in the decade with 1,824 cases.
Highlights in PTAB include:
- PTAB filings saw a bump in Q4 of 2018 and then dropped off in 2019, likely due to new judicial decisions and policy changes at the USPTO.
- Fish & Richardson appeared on the most PTAB trials (1,048) since its inception in 2012. The firm appeared in the most trials on behalf of petitioners in 2019 with 80 trials.
- Etheridge Law Group appeared on the most PTAB trials filed in 2019 on behalf of patent owners (69).
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