Patent litigation trends after TC Heartland

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Presentation transcript:

Patent litigation trends after TC Heartland Dr. Christian E. Mammen December 14, 2017

QUIZ TIME! Comparing the 6 months before and 6 months after TC Heartland, has patent litigation in the U.S. … Decreased ~10% Decreased ~20% Decreased > 20% Increased Hogan Lovells

Patent Litigation Filings Before & After TC Heartland Before: 11/22/16 to 5/22/17 After: 5/23/17 to 11/23/17 ED Tex: 751 (35%) D Del: 286 (13%) CD Cal: 126 (6%) ND Cal: 82 (4%) D NJ: 79 D Mass: 77 ND Ill: 75 MD Fla: 41 WD Tex: 40 SD NY: 38 TOTAL: 2166 D Del: 503 (24%) ED Tex: 292 (14%) CD Cal: 188 (9%) ND Cal: 144 (7%) ND Ill: 125 D NJ: 110 SD NY: 61 ND Tex: 39 SD Tex: 37 MD Fla: 36 TOTAL: 2120 Hogan Lovells

Patent Litigation Filings Before & After Form 18 Abolished ED Tex: 1427 (47%) D Del: 290 (9%) CD Cal: 157 (5%) D NJ: 122 (4%) ND Cal: 101 (3%) TOTAL: 3063 ED Tex: 704 (34%) D Del: 182 (9%) CD Cal: 147 (7%) ND Ill: 111 (5%) D NJ: 102 (5%) TOTAL: 2094 Hogan Lovells

30 Month Trend Before 5/31/15-11/30/15 After 12/1/15-6/1/16 Between 5/26/16-11/26/16 Before 11/22/16-5/22/17 After 5/23/17-11/23/17 ED Tex 1428 704 876 751 292 D Del 290 182 270 286 502 CD Cal 157 147 162 126 188 D NJ 122 102 129 79 110 ND Cal 101 100 86 82 144 ND Ill 96 111 75 125 TOTAL 3063 2094 2337 2166 2120 Form 18 TC Heartland Hogan Lovells

30 Month Trend – Net Changes First 5/31/15-11/30/15 Last 5/23/17-11/23/17 Change ED Tex 1428 292 Down 80% D Del 290 502 Up 73% CD Cal 157 188 Up 20% D NJ 122 110 Down 10% ND Cal 101 144 Up 43% ND Ill 96 125 Up 30% TOTAL 3063 2120 Down 31% Hogan Lovells

NPE or Not NPE? Sources: RPX 2012, 2014, 2015 Reports, Unified Patents 2016, 2017 Reports Hogan Lovells

Civil Procedure’s Impact on Patent Litigation Numbers Joinder of Defendants (2012) FRCP 20 35 USC § 299  Spike in numbers of suits filed Pleading Standards (2015) FRCP 83 and Form 18 Iqbal  Decline in numbers of suits filed Venue (2017) 28 USC § § 1391, 1400(b) TC Heartland  Shift in where suits are filed Hogan Lovells

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