Patent Litigation Update
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Last month, Pricewaterhouse Cooper released its annual patent litigation study. The report, entitled “A change in patentee fortunes” contains a summary of notable patent litigation metrics, leading with the observation that patent litigation experienced its first decline in five years. However, as Grantland Drutchas points out on Patent Docs, the data PWC relied upon comes with a substantial limitation: it is for the Federal Court system’s fiscal year, which runs from October – September. The consequence is that the data in the PWC report is eight months stale. This staleness turns out to be fairly important when thinking about issues such as a declining patent litigation filing rate.
For those who like their data piping hot, below I’ve provided updated charts on patent litigation filings and pending patent cases. Two notes on this data: (1) I used LexMachina‘s search engine, which now allows searches by cases pending as of a given date and PTAB proceedings; (2) In order to simplify the searches, the monthly data actually covers the period from the 2nd of a given month to the 1st of the following month.
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