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

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 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 SHARED ros bottom lb

More from across our site

Eva-Maria Strobel reveals some of the firm’s IP achievements and its approach to client relationships
Lateral hires at Thompson Hine and Pierson Ferdinand said they were inspired by fresh business opportunities and innovative strategies at their new firms
The launch of a new IP insurance product and INTA hiring a former USPTO commissioner were also among the top talking points this week
The firm explains how it secured a $170.6 million verdict against the government in a patent dispute surrounding airport technology, and why the case led to interest from other inventors
Developments of note included the court partially allowing a claim concerning confidentiality clubs and a decision involving technology used in football matches
The firm said adding capability in the French capital completes its coverage of all major patent litigation jurisdictions as it strives for UPC excellence
Marc Fenster explains how keeping the jury focused on the most relevant facts helped secure a $279m win for his client against Samsung
Clients are divided on what externally funded IP firms bring to the table, so those firms must prove why the benefits outweigh the downsides
Rahul Bhartiya, AI coordinator at the EUIPO, discusses the office’s strategy, collaboration with other IP offices, and getting rid of routine tasks
A boom in transactional work and a heightened awareness of IP have helped boost revenue for the rebranded commercial services team
Gift this article