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 2025

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

Partners at three law firms explain why trade secrets cases are rising, and how litigation is giving clients a market advantage
Delegates at a conference unpicking the UK’s relationship with the UPC are hopeful of strengthened UK involvement – so should we all be
News of a litigation funder suing its co-founder and a law firm over trade secrets infringement, and a strategic hire by Womble Bond Dickinson were also among the top talking points
Managing IP’s parent company, LBG, will acquire The Lawyer, a leading news, intelligence, and data-driven insight provider for the legal industry, from Centaur Media
In major recent developments, a team of partners broke away from Taylor Wessing to form their own firm, while Kilburn & Strode made a strategic UPC hire
General Court backs Christian Archambeau in some of his challenges against his departure, but dismisses others
Morgan Lewis adds three partners with technical depth, reinforcing the firm’s strategy to bridge legal and tech expertise in patent litigation
The firm posted a 13% increase in profit as well as a rise in overall revenue
Catherine Lee, one of Managing IP’s Top 250 Women in IP 2025, discusses her ‘soft’ approach to leadership and why building a community at work is important
Transactions specialists at Paul Weiss are advising on the high-profile split of Kraft Heinz into two companies, while Skadden is also involved in the deal
Gift this article