In a recent article, published on Above The Law, a review was undertaken of all patent complaints filed on a particular day. The purpose of this exercise was to help active litigators and counselors understand what type of lawsuits are being recently filed, so that they can provide relevant and beneficial advice to their clients. The examination of complaint filings revealed that the two pharma cases were the only ones to involve Biglaw firms representing the plaintiffs. These cases were filed in the pharma patent hotbeds of New Jersey and Delaware.
The Delaware court saw more than one case filed in a day, with a very prolific NPE called Patent Armory filing its hundredth case. The other district with multiple cases filed was NDIL, with two design patent Schedule A cases filed against Chinese entities. Among other filings was a SDCA competitor case (roof flashing) and one case each filed in EDTX and WDTX. Both of the Texas lawsuits were filed by well-known plaintiff-side patent law firms.
In terms of diversity, the cases filed reflected a plethora of modern patent litigation trends. From Texas cases continuing assertion campaigns against multiple targets, using multiple patents — all hallmarks of funded campaigns — to typical-looking pharma Paragraph IV actions. It also identified trends like a typical NPE volume approach type of assertion, a competitor case involving two smaller entities, and two design patent cases targeting online infringement by Chinese companies.
The article further reviewed two cases: The Delaware filing by Patent Armory and the EDTX filing by Slyde Analytics LLC, highlighting the contrasting approaches. The former case involves a single patent, which was assigned to Patent Armory and has already seen one assertation settlement. The latter case, on the other hand, involves no fewer than nine asserted patents, suggesting a considered effort by the plaintiff to strengthen its portfolio for assertion using open continuation applications.
This review of recently filed complaints can help IP litigators understand the rapidly evolving landscape of patent dispute. This information-rich examination of varying types of patent cases nationwide might be particularly helpful for legal professionals working in corporations and law firms seeking to stay updated about patent assertion developments.