Diminished or vacated patent damages awards were greater than the total amount of damages awarded for 2013 and 2015, a surprising “net-negative” for patent plaintiffs. The data was compiled by Lex Machina, the patent analytics company,
In 2013, the second year that the Patent Trial and Appeal Board (PTAB) was operating, monetary awards for 50 cases totaled $354,536,252, excluding fees and interest. The reversed amount for 2013 on ten cases heard previously was $703,608,583. The net result for the year was negative $349,072,331. Taken as a whole, it was not a good year for plaintiffs, especially those who thought they had prevailed.
2015 was not quite as bad, with 43 cases resulting in just $337,722,691in damages. A dozen reversed decisions of cases tried previously but overturned in that year resulted in vacating $445,891,690 in damages. The net result was negative $108,168,999 for plaintiffs that year.
Between 2013 and 2020 approximately $4.9 billion in damages were reversed. Totals for 2021 and 2022 have not yet been been calculated.
When Winning is Losing
What does all of this mean? While substantial patent damages awards are increasingly difficult to obtain, those plaintiffs that are fortunate enough to receive a favorable decision often find their awards significantly reduced or thrown out.
It would be interesting if Lex Machina or another data tracker could monitor on what basis the awards were reconsidered by various courts.
For access to the 2023 Patent Litigation Report, go here.
Image source: Lex Machina