Lex Machina is proud to release its 2022 Patent Litigation Report, which examines patent litigation trends in federal district and appellate courts. This report focuses on the three-year period from 2019 to 2021 and surveys emerging trends in case filings (including ANDA and PTAB case filings), active districts, judges, law firms, parties, timing metrics, case resolutions, findings, and damages. This is the first report to showcase the newest federal appellate analytics and trends in patent litigation in the federal courts of appeals.
Key Trends and Highlights:
- Highlights in District Court
- Patent case filings, and federal appellate case filings originating from patent cases, have remained relatively stable for the last three years, with the exception of ANDA filings that continue to decline.
- Patent case filings are consolidating more into the top three courts, from 47% in 2019 to 57% in 2021.
- Judge Albright was assigned to 23% of all patent cases filed in 2021.
- For patent cases filed from 2019 to 2021, WSOU Investments LLC was the top plaintiff and Samsung was the top defendant.
- While Rabicoff Law represented plaintiffs in the highest number of patent cases filed from 2019 to 2021, The Chong Law Firm represented plaintiffs in the highest number of patent cases filed in 2021.
- Fish & Richardson represented defendants in the highest number of cases filed in 2019, 2020, and 2021.
- 34% of federal patent appellate cases that terminated from 2019 to 2021 were ultimately reversed.
- Highlights in PTAB
- Federal PTAB appellate case filings fell 40% between 2020 and 2021.
- 23% of federal PTAB appellate cases that terminated from 2019 to 2021 were ultimately reversed.
- Samsung was the most active petitioner in PTAB petitions filed from 2019 to 2021.
- Fish & Richardson represented parties in the highest number of petitions filed in 2019, 2020, and 2021.
View our infographic.
Legal Analytics is used for planning, budgeting, and litigation strategy. The metrics in this report may help readers examine who to pursue as clients, how long a matter may take, or when to settle. This research supplements traditional legal research and anecdotal data in order to gain a competitive edge in litigation.
Lex Machina hosted a webcast to discuss the report on May 19, 2022 with Michael Flynn (Partner in intellectual property litigation at Morris Nichols Arsht & Tunnell), Elaine Chow (author of the report and Lex Machina’s Patent Legal Data Expert), and Joshua Harvey (Manager of Lex Machina’s Customer Success Team). View a recording of the webcast.
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