US patent litigation back with a bang in May and June

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 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

Anita Cade, head of Ashurst’s IP and media team in Australia, discusses why law firms that can pull together capability across different practice areas and jurisdictions stand to gain
INTA’s CEO says London-based firms have registered fewer delegates compared to past meetings in San Diego and Atlanta, and questions the 'ethics' of trying to participate without registering
Lobbies and interest groups are among the interveners in a major dispute over whether courts can set patent pool rates
Benoit Geurts and Coreena Brinck will help the firm ‘accelerate its innovation agenda’, according to its managing partner
News of a trademark row over Taylor Swift’s ‘The Life of a Showgirl’ and Nokia’s expansion of its IoT licensing programme were also among the top talking points
IP attorneys share how the Cox v Sony ruling impacts their counselling strategies, and if the case could influence how courts may assess liability for AI platforms
Natasha Daughtrey shares how firms can help their women litigators take the lead on trials, and why she is seeing a convergence of tech and life sciences disputes
The LMG Life Sciences Awards is thrilled to present the shortlist for the 2024 EMEA Awards
Having agreed to a cost cap in the landmark Emotional Perception AI case, the government should do the right thing and pay at least the bare minimum
Ruth Hoy will join the firm's IP practice alongside Huw Cookson, who will also become a partner
Gift this article