Lex Machina has released data on patent case filings in the US
that may raise a few eyebrows. It reports that filings rose
sharply in May, with 607 cases, and even further in June, with
654 cases. This made the second quarter’s overall
figures of 1,656 cases filed the highest of any quarter yet
observed, said Lex Machina. This was despite
April’s figure of 395 cases filed being the lowest
of the year so far.
The total for the first half is 3,122 cases filed, making
2015 on course to see more than 6,000 cases by the end of the
said in a blog post: "As a whole, the filing rates of 2015
appears to be more like those of 2013. The rise in June,
however, is unexpected, as previous years tended to dip down
from spring towards summer."
This tallies with figures released earlier this month by
Unified Patents, which
revealed an 11.1% increase in US district court filing in the
first half of 2015. The company said 2015 is on course to
see the highest number of patent litigation cases filed
Lex Machina also noted some trends between the difference
districts. The first half has seen a trend towards more patent
cases being filed in the Eastern District of Texas, with a 166%
increase in the first half of 2015 over the second half of
2014. In contrast, the District of Delaware’s
proportional share of the cases has continued to decline from
the second half of 2014 by more than a third.
The busiest plaintiffs in June this year include Oberalis
(50 cases), Genaville (25 cases) and Broadqast Solutions LLC
(22 cases), all of which filed in the Eastern District of
The figures will no doubt increase calls for patent reform.
But supporters of patent legislation may be disappointed. The
House of Representatives reportedly
today removed the Innovation Act from the House floor
consideration this summer. This means that any hope of
patent reform has been put on ice until at least August.