The Lex Machina 2024 Patent Report provides valuable insights into recent trends and statistics in the field of patent litigation. Presented below are three key trends derived from this report, aimed at supporting legal professionals in their comprehension of the current patent litigious landscape.
Initially, the report elaborates on the falling trend of the total number of patent case filings over the years. The number of cases filed in 2023 marked a nearly 20% drop from cases filed in 2022 and almost 50% less than the 2015 peak. This decline could potentially be attributed to a decrease in cases filed by high-volume plaintiffs (HVPs). However, despite the decrease in overall cases, the count of contested patent cases appears to be relatively stable.
In a related development, the nature of HVP cases seems to be evolving, with plaintiffs potentially resorting to more selective patents to buffer against claims for attorneys’ fees. The future could witness a continuation of this trend, with a decline in HVP cases, but a stable or increasing number of patent cases filed by non-HVP plaintiffs.
Secondly, the report provides insights into the time taken for trials across different jurisdictions. The median duration from filing to trial was nearly three years, with a notable variance between ANDA and non-ANDA cases. These time consideration factors evidently influence plaintiffs in their litigation strategies, especially given the associated risks and costs over time.
Lastly, the consequences of the Inter Partes Review (IPR) regime on patent owners’ prospects of recovery are highlighted. Although there was a drop in IPR filings in 2023, the number of federal circuit appeals from PTAB proceedings increased. This indicates an increasing propensity to fully adjudicate the validity of asserted patents before reaching mutual settlements.
The report serves as valuable resource, presenting data in a comprehensive way that paints a realistic picture of the modern patent litigation landscape. Despite its challenges, this field remains an engaging and ever-evolving area of legal practice.