Patent disputes are significantly lower since they peaked at 5,874 in 2015.
Litigation tumbled 41% to 3,491 cases in 2018, and was down 14% from the prior year.
While litigation is never good, it is not always bad. Not everyone agrees that the drop in patent suits is a positive sign.
Some see it as an indication that the Patent Trial and Appeal Board (PTAB) is doing its job, eliminating patents that should never have been issued.
Others who are patent owners told IP CloseUp that litigation has become “so costly and arduous, that it no longer pays for many infringed holders to bother.” They also point to the inconsistency of PTAB decisions and multiple opportunities for it and the courts to invalidate patents.
The litigation data was reported this week by Patexia. For the full update, go here.
Additionally, Inter Partes Review (IPR) petitions were down 7% from last year and are at the lowest level since 2014.
Delaware is now the preferred venue for litigation, with 697 cases. Eastern District of Texas, once the top dog for patent disputes, was down to 504 cases in 2018.
Image source: Patexia