US patent litigation falls 13% in third quarter

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

US patent litigation falls 13% in third quarter

US Q3 patent lit 168

The 1,130 patent cases filed in US district courts in the third quarter was down from 1,299 in the second quarter. September was the third-quietest month so far this year for filing

US patent case filing in US district courts fell in the third quarter, according to figures pulled from the Docket Navigator database. Some 1,130 cases were filed, down 13% from the 1,299 in the second quarter.

US patent litigation third quarter
Source: Docket Navigator










However, the third quarter was up 17% on the 965 cases filed in the first quarter. Patent case filing at the beginning of the year was subdued as a result of a rush of filing in November last year ahead of new rules requiring more disclosure in patent infringement complaints.

The number of cases filed in the third quarter was up slightly on the 1,114 cases filed in the same quarter last year.

The quarterly average for this year is 1,131 (almost exactly the same as the number of cases filed in the third quarter), which compares with a quarterly average for the whole of 2015 of 1,443. This means the average number of cases filed so far this year is down 22% on the average for the whole of 2015.

The number of cases filed in September – 313 – was the third-lowest figure of the year, ahead of only January and February.

Managing IP tomorrow will be publishing an in-depth analysis of US patent litigation trends so far this year, including revealing the top plaintiffs and defendants and interviewing practitioners to find their thoughts on what is driving filing. 



US patent litigation by month Q3 2016
Source: Docket Navigator




more from across site and SHARED ros bottom lb

More from across our site

While the firm lost several litigators this month, Winston & Strawn is betting that its transatlantic merger will strengthen its IP practice
In other news, Ericsson sought a declaratory judgment against Acer and Netflix filed a cease-and-desist letter against ByteDance over AI misuse
As trade secret filings rise due to AI development and economic espionage concerns, firms are relying on proactive counselling to help clients navigate disputes
IP firm leaders share why they remain positive in the face of falling patent applications from US filers, and how they are meeting a rising demand from China
The power of DEI to swing IP pitches is welcome, but why does it have to be left so late?
Mathew Lucas has joined Pearce IP after spending more than 25 years at Qantm IP-owned firm Davies Collison Cave
Exclusive survey data reveals a generally lax in-house attitude towards DEI, but pitches have been known to turn on a final diversity question
Managing IP will host a ceremony in London on May 1 to reveal the winners
Abigail Wise shares her unusual pathway into the profession, from failing A-levels to becoming Lewis Silkin’s first female IP partner
There are some impressive AI tools available for trademark lawyers, but law firm leaders say humans can still outthink the bots
Gift this article