US patent litigation back with a bang in May and June

Managing IP is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

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

Firms explain the IP concerns that can arise amid attempts by brands to show off their ‘Canadianness’ to consumers
Counsel say they will be monitoring issues such as the placement of house marks, and how Mondelēz demonstrates a likelihood of confusion in its dispute with Aldi
The EUIPO expanding its mediation services and a new Riyadh office for Simmons & Simmons were also among the top talking points this week
David Boundy explains why Pierson Ferdinand provides a platform that will allow him to use administrative law to address IP concerns
Developments included an anti-anti-suit injunction being granted for the first time, and the court clarifying that it can adjudicate over alleged infringements that occurred before June 2023
Griffith Hack’s Amanda Stark, one of our ‘Top 250 Women in IP’, explains how peer support from male colleagues is crucial, and reveals why the life sciences sector is thriving
The case, which could offer clarity on the training of AI models within the context of copyright law, will go to trial in the UK next week
CMS IndusLaw co-founder Suneeth Katarki says he plans to hire a patent team in India and argues that IP should play a major role within full-service firms
Partners at the firm explain why they’ve seen more SEP cases at the ITC, and why they are comfortable recommending the forum to clients
The association, which will head to London in 2026, hosted its flagship event in the Californian city in 2005, 2015 and 2025
Gift this article