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

Maria Peyman, head of IP at Birketts, explains why the firm is adopting a ‘seamless approach’ for clients by integrating two of its practice areas
Matthew Swinn, who leads the firm’s IP practice, discusses why Mallesons is well-placed to remain a major IP force
Lawyers at A&O Shearman analyse developments regarding UPC’s long-arm jurisdiction, including its scope and jurisdictional limits
Michelle Lee discusses reaching milestones at the USPTO, AI’s role in legal work, and how to empower women in tech and IP
Executive chair Matt Dixon, who reveals a new associate hire, says the firm wants to offer a realistic pathway to partnership while avoiding the ‘corporate machine’ route
Mayer Brown’s role in cardiovascular technology dispute reflects how firms are pursuing precedent-setting cases to try and guide AI and patent law
Kevin Mack, Via’s new president, emphasises the importance of collaborative licensing structures and shares how AI tools can help create new lines of business
A Tokyo District Court ruling concerning movie spoilers, and a second chance for VLSI against Intel were also among the top talking points
Practitioners believe new AI tools at the USPTO will not replace lawyers or disrupt revenue, but instead expose where a trademark attorney’s value lies
Leighton Cassidy Legal hopes to leverage its founder's international experience and provide clients with a rare chance to receive litigation and prosecution under one umbrella
Gift this article