Tuesday, April 09, 2013

          Patent Trolls Now File Majority of Patent Litigation, Academic Study Shows

          Robin Feldman, Professor of Law and Director of The Institute for Innovation Law at UC Hastings Law, along with Sara Jeruss of Lex Machina, which provides online IP litigation data and analytics, and Tom Ewing, have released a major academic study looking at all of the patent litigations filed in four years, 2007-2008 and 2011-2012. The study involved analyzing data provided by Lex Machina on roughly 13,000 cases and almost 30,000 patents asserted in those cases. The study will be published in the UCLA Journal of Law and Technology.

          From the study, “The AIA 500 Expanded: The Effects of Patent Monetization Entities” -- 

          • One of the most striking results is the following: in 2012, litigation by patent monetization entities now represents a majority of the patent litigation filed in the United States. Specifically, patent monetization entities filed 58% of the patent lawsuits in 2012. This is a sharp rise from 2007, when patent monetization entities filed only 24% of patent infringement litigations.
          • All of the 10 most frequent patent litigation filers were monetizers. Not one was a company making products.
          • The newest patents issued are also the ones most frequently litigated. This could suggest that people are increasingly applying for patents with the intent of filing lawsuits, rather than making products.
          • The analysis of the litigations also revealed another problem that has gone unnoticed in the literature. Mechanisms for notifying the public when patents have been asserted in litigation are woefully inadequate. Current mechanisms did not operate 2/3 of the time.
          • The study also found indications of stealth behavior, as well as a market for purchasing patents after they expire.

          Details:

          The study is available online: The AIA 500 Expanded: The Effects of Patent Monetization Entities. For more information about the study, professor Robin Feldman is available for interviews and reachable at feldmanr@uchastings.edu

          Media Contact:

          Alex A.G. Shapiro | shapiroa@uchastings.edu | (415) 581-8842

          Related Links:

          ###

          Go to News Archive

          Share this Story

          Share via Facebook
          Share via TwitterShare via EmailPrint Friendly Version

          Other Recent Stories/ RSS

          Friday, May 18, 2018

          UC Hastings Students Speak at UN Human Rights Council in Geneva

          Members of the Hastings Human Rights and International Law Organization attended the 37th Session of the United Nations Human Rights Council to meet diplomats, engage in discussions on human rights issues, and deliver advocacy statements during proceedings.
          Wednesday, May 09, 2018

          Joseph W. Cotchett, Champion for Justice and Titan of the Plaintiffs Bar, is UC Hastings Law's 2018 Commencement Speaker

          Litigation Trial Lawyers Hall of Famer and UC Hastings Alumnus, Class of 1964, to keynote the College’s 137th Commencement
          Friday, May 04, 2018

          Blek le Rat, “The Godfather” of Stencil Graffiti, Contributes Installation at UC Hastings

          The innovative street artist is taking to the streets with works throughout San Francisco to promote a rare North American exhibition.
          Friday, May 04, 2018

          UC Hastings Professor Veena Dubal’s Work Plays Role in California Supreme Court Ruling

          “The Dynamex Decision” creates a major change in the landscape for California’s gig economy and follows the path of Professor Dubal’s analysis from her scholarly work.
          Wednesday, May 02, 2018

          Thinkers & Doers: April 2018

          Professor Dubal cited in the California Supreme Court’s Dynamex decision – Professor Aviram discusses “Sanctuary City” litigation outside the Ninth Circuit – Ellen DeGeneres asks Kamala Harris about 2020 presidential aspirations – How Asylum Works and Doesn’t Work – Professor Ball earns national recognition with 2018 Shanara Gilbert Award – Highlights from the Spring Soirée – and much more
          Go to News Archive