Managing IP is part of the Delinian Group, Delinian Limited, 8 Bouverie Street, London, EC4Y 8AX, Registered in England & Wales, Company number 00954730
Copyright © Delinian Limited and its affiliated companies 2023

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

US patent grants fell last year for first time since 2008 – PwC report

Patent Litigation 2016 chart 165

PwC’s US Patent Litigation Study reveals a number of interesting trends, including that damages awards for non-practicing entities are almost three times greater than practicing entities over the past five years


The 2016 version of PwC’s widely-read Patent Litigation Study is out, this year’s subtitled “Are we at an inflection point”.

While the report contains a lot of interesting information about patent litigation in the US, one of the most interesting facts is not directly to do with litigation. Rather, the report reveals 2015 showed a decrease in patents granted by the USPTO, the first decline since 2008.

The number of patent cases filed also fell in 2015. The roughly 5,600 cases filed was down 2% from 2014, which itself was a fall from the high point in 2015.

“The decline in the number of patent cases filed and patents granted is likely driven by various factors – one being the Supreme Court’s 2014 decision in Alice Corp v CLS Bank, which significantly impacted the ability to obtain and assert software patents,” noted PwC in the report.

PWC patent litigation 2016
Source: PwC's 2016 Patent Litigation Study

Other trends noted in the report include:

·         The 2015 median annual damages award ($10.2 million) reached the highest point in 10 years, with one mega verdict in 2015 of $533 million.

·         Consumer products still leads in number of cases, while the biotech/pharma industries have the highest median damages awards.

·         Damages awards for non-practicing entities are almost three times greater than for practicing entities over the past five years.

·         NPE cases are concentrated. Five district courts (of 94) account for 45% of all identified NPE decisions.

·         The patentee success rate stands at 33%.

·         Time to trial edged up to 2.5 years in 2015.

·         Some 80% of district court decisions are appealed, and 53% of appealed decisions are modified in some regard.

·         There is an increased likelihood of fee shifting following two 2014 Supreme Court decisions. “Fee shifting in patent cases caught attention this year, with discussion focused on the merits and disadvantages of ‘fee shifting’ – making the loser pay the legal costs of litigation,” said PwC. 

more from across site and ros bottom lb

More from across our site

The Supreme Court, which is hearing two IP cases this week, should limit the power of US courts to rule on foreign sales
Safety standards wouldn’t lose copyright protection when named in law, so long as they were accessible for free online
In-house tech sources say Amgen v Sanofi has the potential to stifle their prosecution and litigation strategies if SCOTUS’s decision is too broad
We provide a rundown of Managing IP’s news and analysis coverage from the week, and review what’s been happening elsewhere in IP
The Federal Circuit said tech firms can challenge the way the USPTO implemented Fintiv, but that won’t mean much for practitioners, say counsel
The England and Wales High Court handed down one of the most hotly anticipated FRAND rulings for some time
Funders discuss different IP portfolio funding options and how they decide whether to offer preferential terms and pricing
The issue of the Unified Patent Court’s third central division needs resolving before IP owners can fully embrace Europe’s new era
Foreign firms and lawyers, including IP practitioners, can now practise in India after years of talk and no action
Most Indian counsel won’t immediately look beyond the Delhi High Court for IP cases, but new forums could potentially change their minds