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

          Monday, January 23, 2017

          A Class Above: Professor David Takacs receives 2016 Rutter Award for Teaching Excellence

          Friends, colleagues, alumni, students, and other members of the UC Hastings community gathered to celebrate Professor Takacs as the winner of the 2016 Rutter Award for Teaching Excellence.
          Tuesday, January 17, 2017

          Professor Leo Martinez Elected Fellow of American College of Coverage and Extracontractual Counsel

          One of only five academics in elite organization focused on the creative, ethical, and efficient adjudication of insurance coverage and extra-contractual disputes, peer-provided scholarship, professional coordination and the improvement of the relationship between and among its diverse members.
          Thursday, January 12, 2017

          ‘She taught me the meaning of true bravery’: 2L Kelsey Campbell advocates for refugee legislation

          Former Pentagon foreign policy advisor and Air Force veteran promotes visa programs to protect refugees, like her friend Sura, who supported U.S. Armed Forces as interpreters.
          Thursday, January 05, 2017

          How to Ask a Question: Renowned trial attorney Shanin Specter brings his expertise back to UC Hastings

          Whether to capture the attention of a jury, conduct a deposition, or even order a Starbucks, Shanin Specter shares his experience on the best way to ask and answer a question in his upcoming “How to Ask a Question” course at UC Hastings.
          Tuesday, January 03, 2017

          1L Ryan Khojasteh Appointed to San Francisco Immigrant Rights Commission

          “It's for my generation to rise up, to play our part, and to allow other people to have hope,” says Khojasteh, son of immigrants.
          Go to News Archive