Wednesday, May 27, 2015

PWC's 2015 Patent Litigation Study - A change in patentee fortunes

I suggest reading PWC's 2015 Patent Litigation Study - A change in patentee fortunes.

Here are PWC's observations for what happened in 2014 with a few comments:
  1. Patent lawsuits filed dropped 13%. Congress should consider this with respect to patent reform.
  2. Median damage awards second-lowest point in two decades. Is the median skewed by lack of mega damage awards in 2014?
  3. Juries decided 67% of the patent cases and median jury award were 31 times greater than median bench awards, which indicates patent owners should request jury trials 100% of the time. 
  4. Differences exist in awards based on industry; from highest to lowest: biotech /pharma, telecommunications, and medical devices, and consumer products. 
  5. Median time to trial grew to about 2.4 years.
  6. Top five districts favoring patents remain: ED Texas, Virginia Eastern, Delaware, Wisconsin Western, Florida Middle. Northern District of California has lots of cases filed, but is not as favorable to patent owners.
  7. Damages for non-practicing entities (NPEs) 4.5 times greater than for practicing entities. This is surprising given the media fed to the public (see juries) about "patent trolls."
  8. Federal Circuit modifies some ruling of the trial court in about 50% of the cases.
Copyright © 2015 Robert Moll. All rights reserved.