Lex Machina, a LexisNexis company, has released its annual Patent Litigation Report. The report examines patent litigation trends in federal district and appellate courts, as well as the Patent Trial and Appeal Board (PTAB). It 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.
“The increasing role of Judge Albright and the Western District of Texas in patent litigation is a major topic of discussion among litigators,” said Elaine Chow, Lex Machina’s patent legal data expert and author of the report. “The kind of data and analytics Lex Machina provides in reports like this one really highlight the movement and trends in district court, appellate, and PTAB litigation over time. It becomes possible to understand and anticipate evolving patterns in patent litigation.”
Findings from the report include:
- 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.
Lex Machina’s reports and software enable practitioners to devise data-driven litigation strategies. The metrics in this report may help readers decide who to pursue as clients, whether to pursue a particular motion, or when to settle. This research supplements traditional legal research and anecdotal data for a competitive edge in litigation.
Register here for a copy of the report: https://pages.lexmachina.com/2022PatentLitigationReport.html
Patent Report Webcast
Lex Machina hosted a webcast discussing the report on May 19, 2022 with Michael Flynn (Partner at Morris Nichols), Elaine Chow (Lex Machina’s Patent Legal Data Expert), moderated by Joshua Harvey (Manager of the Lex Machina’s Customer Success Team). Register to view a recording: https://pages.lexmachina.com/20220519-PatentLitigationReportWebcast_LP.html
About LexisNexis Legal & Professional
LexisNexis Legal & Professional® provides legal, regulatory, and business information and analytics that help customers increase their productivity, improve decision-making, achieve better outcomes, and advance the rule of law around the world. As a digital pioneer, the company was the first to bring legal and business information online with its Lexis® and Nexis® services. LexisNexis Legal & Professional, which serves customers in more than 150 countries with 10,500 employees worldwide, is part of RELX, a global provider of information-based analytics and decision tools for professional and business customers.
About Lex Machina
Lex Machina fundamentally changes how companies and law firms compete in the business and practice of law. The company provides strategic insights on judges, lawyers, law firms, parties, and other critical information across 17 federal practice areas and a rapidly growing number of state courts. Lex Machina allows law firms and companies to predict the behaviors and outcomes that different legal strategies will produce, enabling them to win cases and close business.
Lex Machina was named “2021 Legal Technology Trailblazer” (National Law Journal Trailblazer Awards, 2021), Winner of the “Media Excellence” Award for Analytics/Big Data (13th Annual Media Excellence Award, 2021), “Best Decision Management Solution” (AI Breakthrough Awards, 2019), and “Disruptor of the Year” (Changing Lawyer Awards, 2019). Based in Silicon Valley, Lex Machina is part of LexisNexis, a leading global provider of legal, regulatory, and business information and analytics.
