Tag Archives: Software

Pace of patent litigation declines; 2018 applications still flat

Early indications are that U.S. patent litigation for 2018 is on track to be among the lowest in since 2005.

So far in 2018, approximately 555 patent infringement suits have been filed (3,330 on an annualized basis). This is off from a peak of 5,874 in 2015, or an average of 979 every two months. In 2005, the lowest litigation filing year in recent memory, there were just 2,582 suits. In 2017, there were 4,072. January and February are early indications, and there is time for the rate to increase.

According to statistics provided by intellectual property research firm Patexia, January 2018 patent applications came in at 27,720, just 631 higher than 2017, 27,089, which was the lowest year for that month since 2012. February applications are running behind last year, which came in at 28,329 for the same month. Final figures are not yet in.

This trend in patent applications and litigation has been accompanied by a flattening of Inter Partes Review (IPR) petitions filed. IPRs have been fairly level for the past three years, peaking in 2017 at 1,725. So far this year (through February) there have been approximately 250 IPRs filed, putting 2018 on track for about 1,500, slightly below the last two years on an annualized basis. No information on the number or percentage of instituted petitions was provided.

Litigation, IPRs and CBMs Filed to Date

IPRs and Litigation

Difficulty obtaining software and business methods patents are a likely reason for the drop in U.S. patent applications, as well as the increased difficulty defending patents. Patent uncertainty and decreased need for defendants to take a license or engage in licensing discussions, as well as the high cost of litigation, are possible reasons for an increase in IPRs.

For Patexia live litigation statistics, go here.

Image source: patexia.com

Three notable IP events coming up in NY, SF and Bangalore

IP event season is upon us and at least three conferences are worth noting. 

The first takes place this week in New York, March 21-22, the 9th annual Corporate IP Counsel Forum. The USPTO Keynote will be given by Mary Boney Denison, Commissioner for Trademarks and Mark Powell, Deputy Commissioner for International Patent Cooperation.

The featured session will be “Reconsidering Patent-Eligibility under Section 101.” Speaker faculty can be found here and the conference agenda here. I understand that there are only a few seats left.

IP CloseUp readers can save $200 by using registration code IPCNYC.

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The World IP Forum will take place this year April 26-28 at the Shangri-La Hotel in Bengaluru (Bangalore), India.  The theme for the conference is “Harnessing the Power of Intellectual Property.” The fourth edition of this three-day conference will focus on recent developments in intellectual property and its syncing with business objectives. Past participants have include Judge Randall Rader and former USPTO Commissioner Q. Todd Dickinson.

For more information about the World IP Forum, go here.

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On May 18 San Francisco’s Golden Gate Club (at the Presidio) will be the site for IAM’s IP Software Summit.  The Summit is the first event to provide a platform for professionals from the software industry to discuss open innovation, open source and proprietary systems, collaboration, the scope of patent protection, and monetization.

The list of speakers can be found here and the full agenda here.

Speakers include senior IP executives from Cisco, Qualcomm, Mozilla, SAP, Open Invention Network, Google, Uber, LinkedIn, Ericsson and IBM.

London IP Summit to be Headed by Europe’s Leading Patent Licensor

This year’s London IP Summit will be chaired by Stephen Pattison of ARM Holdings Plc, one of the world’s leading patent licensing companies.

The 4th LPS, October 12-13 at the London Stock Exchange, will gather IP owners, experts and investors to address challenges and operational issues faced by companies and IP professionals today. Topics regarded will be IP generation as well as managing, protecting, enforcing and monetizing intellectual property portfolios.

imgresThe event aims to create an industry networking platform to accelerate stakeholders’ collaboration as a vehicle for higher profit generation.

Also attending will be IP regulators, policy makers, Board-level IP managers, as well as IP experts, litigators, investors and their advisers in a dialogue designed to address and to discuss best practices and solutions to enhance IP management strategies.

2015 LPS Industries Focus:

  • Aerospace
  • TMT
  • Transportation
  • 3CX (Cloud, Content and Communications)
  • Gaming IP & Technology
  • Semiconductors
  • Nanotechnology
  • Software

For the LPS patent agenda go here. For a list of speakers go here. To register go here.

Image source: londonipsummit.com


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