Lex Machina is proud to release its 2023 Patent Litigation Report, which provides insights into patent litigation trends in federal district court, federal appellate court, and PTAB over the three-year period from 2020 to 2022. This report surveys emerging trends in case filings (including ANDA and PTAB cases), most active venues, judges, law firms, parties, timing metrics, case resolutions, findings, and damages.
Key Trends and Highlights:
Highlights in federal district and appellate courts:
- In 2022, 3,821 patent cases were filed, continuing the steady trend of patent case filings since 2017.
- The Western District of Texas was the most active district in 2022 with 867 patent cases filed, though this number dropped from 2021 in which 981 cases were filed.
- Judge Albright was assigned to the highest number of patent cases in 2022 with 678 cases, though this number dropped from 2021 in which he was assigned to 932 cases.
- For patent cases filed from 2020 to 2022, Cedar Lane Technologies Inc. was the top plaintiff and Samsung Electronics America, Inc. was the top defendant.
- While The Chong Law Firm represented plaintiffs in the highest number of patent cases filed in 2020 to 2022, Fish & Richardson represented defendants in the highest number of cases filed in 2020, 2021, and 2022.
- For patent cases that were appealed to a federal appellate court and terminated from 2020 to 2022 with a decision on the merits of the appeal, 36% were ultimately reversed.
Highlights in PTAB:
- The number of PTAB petitions filed continued to hold steady over the past three years.
- There was a slight increase in instituted trials compared with the data reported in the 2022 Patent Litigation Report (from 49% to 51%).
- For PTAB cases that were appealed to a federal appellate court and terminated from 2020 to 2022 with a decision on the merits of the appeal, 24% were ultimately reversed.
- Samsung was the most active petitioner in PTAB petitions filed during the three-year period from 2020 to 2022.
- Fish & Richardson represented parties in the highest number of petitions filed in 2020, 2021, and 2022.
View our infographic.