Patent Litigation Bounced Back, Migrated to Texas in 2015
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The number of patent cases filed in federal court jumped up in 2015, and the Eastern District of Texas emerged as the single most popular place to file cases by a large margin, according to a report scheduled for release on Wednesday.
Issued by data analytics company Lex Machina, the report looks at intellectual property litigation in U.S. District Courts, using data mined from PACER, the federal courts database.
The report found there were 5,819 total patent cases filed in 2015. That’s up 14.7 percent from 5,070 in 2014 but still lower than the previous high of 6,113 in 2013.
Jon James, co-chair of Perkins Coie’s intellectual property practice, cited two key developments that caused the temporary dip in 2014. In Alice Corp. v. CLS Bank International, the Supreme Court decision restricting the ability to patent computer software, which killed many cases. Secondly, the Patent Trial and Appeal Board, established by the America Invents Act in 2012, gave defendants an alternative forum to challenge patents and derail any parallel federal lawsuits.
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