How Patent Litigation Changed in 2018
2018 was a year when patent litigators put on the brakes.
The number of new patent case filings continued to drop in federal district courts, according to a new year-in-review report from Lex Machina. Fewer petitions were filed in the Patent Trial and Appeals Board. District courts saw fewer injunction requests.
The new inability of many patent owners to launch lawsuits in the Eastern District of Texas, long perceived as a “rocket docket” and patent-owner-friendly venue, may also be having an impact on overall case volume, said S. Gregory Herrman of Blank Rome LLP.
“They also can't automatically file in the Eastern District of Texas like they used to, which may have led to almost a guaranteed win with a big reward at the end. That's causing people to hesitate to file cases, I'm sure," Herrman said.
"How Patent Litigation Changed in 2018," by Jacqueline Bell was published in Law360 on January 31, 2019.