Lex Machina publishes patent litigation report in 2021
Patent attorneys saw record losses and increased filing of files despite the pandemic.
Lex Machina and LexisNexis have published their annual patent litigation report, addressing trends in the federal district court and the Patent Trial and Appeal Board (PTAB). It focuses on 2020 and how it compares to other years given the changes caused by COVID-19.
“We can clearly see the impact of the pandemic on some metrics, but they are not as widespread as originally predicted a year ago,” he said Geneva ClarkLex Machina’s patent data expert and author of the report. “When the data is actually looked at and is able to analyze it for a particular use case, practitioners can see how the court’s activities have changed – not just because of the impact of the pandemic, but if the patent strategy changes further developed in the EU following several important rulings by the Supreme Court. “
The results of the report include:
- Annual patent applications at the Federal District Court increased for the first time since 2015. In 2020, 4,060 patent cases were filed. The petitions at PTAB will also increase with 1,538 petitions from 2019.
- The western district of Texas Most of the cases were recorded in 2020 with 857. In particular, Judge Albright heard 793 cases, which is 19.5% of all patent cases in 2020.
- WSOU Investments LLC filed 182 cases last year when it began enforcing a subset of the many patents it acquired from Nokia and other technology companies.
- Google was the top defendant with 48 cases in 2020. Several tech companies have made the list of the most active defendants.
- Rabicoff Law filed the most cases in 2020 with 356 cases, while Fish & Richardson was the most frequent case on behalf of defendants with 227 cases. Fish & Richardson was also the most active law firm at PTAB, with 203 court cases.
- A slowdown due to the pandemic could be seen in the time and findings data. The median duration of litigation for cases that ended in 2019 was 135 days shorter than for cases that ended in 2020.
- Despite the pandemic $ 4.7 billion Damages were awarded in 52 cases, in large part due to major awards in The California Institute of Technology v. Broadcom Limited et al. (($ 1.1 billion in reasonable license fees) and Centripetal Networks, Inc. v Cisco Systems, Inc. ($ 1.9 billion in reasonable license fees and increased damages).
Lex Machina’s reports and software allow practitioners to develop data-driven process strategies. The metrics in this report can help readers decide who to track as customers, whether to track a particular application, or when to settle. This study complements traditional legal research and anecdotal data for a competitive advantage in litigation.
Register for a copy of the report here: https://pages.lexmachina.com/2021PatentLitigationReport_LP.html
About LexisNexis Legal & Professional
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LexisNexis Legal & Professional is a leading global provider of legal, regulatory, and business information and analytics that help clients improve productivity, improve decision-making and outcomes, and improve the rule of law around the world. As a digital pioneer, the company was the first to put legal and business information online with its Lexis® and Nexis® services. LexisNexis Legal & Professional, which serves clients in more than 150 countries with 10,600 employees worldwide, is part of RELX, a global provider of information-based analysis and decision-making tools for professional and business clients.
About Lex Machina
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The Lex Machina platform celebrates 10 years of Legal Analytics and is fundamentally changing the way companies and law firms compete in business and legal practice. The company provides strategic insights into judges, attorneys, law firms, parties, and other critical information in 16 federal territories and select state courts. Lex Machina enables law firms and corporations to predict the behavior and outcomes of various legal strategies to win cases and close deals.
Lex Machina was named one of the Top 10 Most Promising Providers of Legal Technology Solutions by CIO Review in 2020 and a LegalTech Trailblazer by the National Law Journal in 2021. Lex Machina is part of LexisNexis, a global leader in legal solutions. Regulatory and business information and analysis. More information is available at www.lexmachina.com.