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 2026

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

IP firms say they have been educating some clients on AI use, with ‘knowledge-sharing’ becoming more prevalent
As the US patent system tilts further toward favouring patent owners, firms with a strong patentee focus can get ahead of the game
Amanda Yang and Rachel Tan at Rouse and Landy Jiang at Lusheng Law Firm provide an overview of the draft amendments to China’s trademark law
News of EIP launching an AI platform and a trade secret blow for TCS in the US were also among the top talking points
The four-partner addition includes A&O Shearman’s former co-head of global IP litigation
A settlement involving Disney and another ruling concerning a lawyer’s request for access to documents were also among the big developments
Merchant & Gould's managing partner explains why the firm launched a Boston office and why it brought on board a local boutique
The model covers court-guided settlements, submissions-led determination of infringement and validity issues, and provides leeway for the court to determine a FRAND rate during negotiations
Tie up between Belgium-based firms will create an outfit with almost 30 UPC representatives, and a tier one-ranked patent disputes team
Blank Rome’s launch in West Palm Beach, marked by the arrival of two IP partners, comes in response to rising demands from technology clients
Gift this article