Over the last two years, filings of patent cases in federal courts have risen 12 percent to 6,401. While many districts show a double-digit increase in the number of patent filings in 2012-2013, the District of Delaware and the Eastern District of Texas saw the largest growth in patent cases, respectively, at 364 and 275 filings.

Part of the increase can be traced back to a change in the law. A provision of the 2011 America Invents Act (pdf) stipulates that “accused infringers may not be joined in one action as defendants or counterclaim defendants, or have their actions consolidated for trial, based solely on allegations that they each have infringed the patent or patents in suit.” One case may easily become multiple cases under the new law.

But even before AIA, patent cases filed in the District of Delaware were on the upswing. “From 2009 -2010, filings went from 244 to 274, before nearly doubling to 506 in 2010-2011. In 2011-2012, patent filings totaled 1,103. Last calendar year, cases jumped to 1,377. It’s been going on for years,” said Clerk of Court John Cerino. In calendar year 2012, patent cases comprised 55 percent of Delaware’s overall civil caseload. By calendar year 2013, they made up 63 percent of the district’s civil caseload. The cases are assigned randomly to the four Article III judges currently sitting in the district. “Every year since 2000, (with the exception of 2007), Delaware has had the highest patent caseload per judge in the nation,” Cerino said. “And these are incredibly intensive and complex cases.”

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