US patent litigation back with a bang in May and June

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

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

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

US patent litigation back with a bang in May and June

The latest US patent case filing figures from Lex Machina show a sharp increase in May and June, making filing in the second quarter of this year the highest ever observed

lex20machina20june20patent20litigation.jpg

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 year.

Lex Machina 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 ever.

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 Texas.

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.

more from across site and SHARED ros bottom lb

More from across our site

Firm says the hire of Laura Ramsay will help consolidate its position as a ‘market leader’ for premium IP work
CEO Martyn Fish reflects on the past as HGF celebrates its 30th anniversary and discusses how PE investment has helped the firm’s people and clients
The 105-year-old IP firm Wrays and related business Aperture Insight will join Rouse but operate independently
The winners will be revealed during a ceremony in Ho Chi Minh City, Vietnam, on November 6
Three new partners have joined HGF across its offices in Europe, while Carpmaels & Ransford has made UPC-focused hires in Germany
Tarun Gandhi joins us for our ‘Five minutes with’ series to discuss the biggest misconception about IP, the importance of staying curious, and his biggest inspiration
It’s that time of the year for law firms to participate in the research for the Managing IP Awards and IP STARS rankings
Latham & Watkins client CoStar filed an opposition brief against Crexi, arguing that their motion to stay is a distraction from an imminent copyright trial
News of Ultrahuman suing Oura in India and Apple accusing Oppo of trade secret theft were also among the top talking points
The firm has added six practitioners in recent weeks as it takes measured steps to build its IP practice with a focus on trade secrets work
Gift this article