The number of patent litigation cases in the US dropped dramatically in the first three months of this year, reaching levels not seen since 2011 – the year when the America Invents Act was signed into law. A total of 947 new patent lawsuits were filed between January and March, according to data from Unified Patents, down from 1,554 in the fourth quarter of 2015. That is the lowest number since the third quarter of 2011 when 924 new cases were filed.

One of the main changes brought about by the AIA was the joinder rules which have led to more cases being filed individually than before the legislation was introduced. That has helped to fuel a significant rise in patent litigation in the US and has been used to bolster calls for further legislative reform. But these latest numbers mean that litigation volume is now much closer to levels last seen before the AIA came into effect.  Although they cover just three months, the size of the fall is sure to give all sides pause for thought about just what really needs to be changed in the US patent system.

Here’s how the first quarter compares with the quietest over the last five years (Unified’s data only goes back as far as 2014 so we have used Lex Machina’s numbers from 2011). Given the effect of the AIA’s joinder rules, on a like-for-like basis litigation activity in the first quarter was most likely even lower than some of the quarters below.

Five quietest quarters 2011 – 2016

Source: Unified Patents and Lex Machina

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