Effectual Knowledge Services

Monthly Litigation Updates – October 2013

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PATENT LITIGATION INSIGHTS FOR
October 2013
Filing velocity:
Patent litigation trends for the year indicate that the average number of cases filed in a month is approx. 556. The figure below illustrates the patent lawsuit filing trends observed for year 2013 so far.
1000 900 800 700 600 500 400 300 200 100 0

Highlights:
 Total number of Patent lawsuits filed in the month of October 2013 is 451.  With 170 lawsuits, Texas Eastern District Court was again a

988

518

574 424

612

516

492

533

453

451

Mar-13

Jun-13

Jan-13

Apr-13

May-13

Aug-13

Feb-13

preferred choice for filing lawsuits in the month of October 2013, followed by District Court of

Clearly, the litigation activity for October 2013 is almost same as compared to September 2013 and is again below the yearly average.

Delaware with 66 lawsuits.  Most of the lawsuits were filed by Long Corner Security (52) followed by Annuitek (29).  Top US classes which were most targeted for patent lawsuits in October 2013 were 514, 705 and 455.  In ITC, Trico Products filed one complaint against defendant

Also, the week wise patent lawsuits trends for the month of October 2013 are presented below:

140 120 100 80 60 40 20 0 Week 1 Week 2 Week 3 Week 4 95 132 133 91

Federal-Mogul Corp.

Week 2 and Week 3 witnessed peak lawsuit filing activity.
Source: http://info.thomsoninnovation.com/

Patent Litigation Updates – Filing trends

Sep-13

Oct-13

Jul-13

New Jersey Illinois Others, 106 District Court, Northern District Court, 13 12 California Northern District Court, 16 California Southern District Court, 17 Tennessee California Eastern District Central District Court, 21 Court, 30

Texas Eastern District Court, 170

 Texas Eastern District Court was a preferred choice for filing lawsuits in the month of October 2013, followed by District Court of Delaware.  Together, these courts accounted ~52% of the

Delaware District Court, 66

lawsuits filed during the past month.

Top Jurisdictions:
The Figure above shows top 8 US preferred District Courts for patent lawsuit filing. Evidently, maximum numbers of Patent Lawsuits were filed in the District Court of Eastern District of Texas, followed by the District Court of Delaware.

Top Plaintiffs & Defendants:
 Most of the lawsuits were filed by Long Corner Security followed by Annuitek.  Long Corner Security filed lawsuits against financial services companies, such as MasterCardTM, VisaTM, Chase Paymentech amongst others.

Pragmatus Mobile Landmark Technology Alex is the Best Intellectual Ventures Annuitek Long Corner Security 0

10 11 12 13 29 52

20

40

60

The figure above shows the top 6 Plaintiffs, for the month of October 2013. Evidently, most of the lawsuits were filed by Long Corner Security (52 patent lawsuits), followed by Annuitek (29 patent lawsuits). The lawsuits filed by Long Corner Security are against financial services companies such as VisaTM, MasterCardTM, Chase Paymentech etc. The lawsuits were filed based on a single patent (US5963642A), which is directed towards secure storage of data.
10 9 8 7 6 5 4 3 2 1 0

Amazon (8), Microsoft (6), Sprint (5), Nokia (5), T-Mobile (5), were
9 6 5 5 5 4 United States Cellular 3 Samsung

amongst the top defendants for the month. Followed by others, including
2 International Riding Helmets 2 Hewlett-Packard

United States Cellular (4), Samsung (3), International Riding Helmets (2) and Hewlett-Packard (2).

Amazon.com

Sprint

Microsoft

T-Mobile

Nokia

Patent Litigation Updates – Top Courts, Plaintiffs & Defendants

7 6 5 4 3 2 1 0 4 4 2 4 4 2 4 7 5

ITC Complaints trend
Total number of complaints filed so far before International Trade Commission, in the year 2013 is 37 while a total of 1 complaint was filed in the month of October 2013. Last month, plaintiff Trico Products filed one
1

complaint against defendant Federal-Mogul Corp. on the technology relating to automotive windshield wipers.

Source: www.itcblog.com The number of patent infringement lawsuits brought by Non-Practicing Entities (NPEs) has

increased, Computer/Electronics, Business/Consumer, Biotech/Pharmaceutical and Telecom
Others 40.38% 514/323 have increasingly become 705/002 targets. companies or industries 705/007. 21.15% 12.20% 514/338 48.78% PATENT LITIGATION CASES FILING BY TOP PLANTIFFS 7.69% 514/574 5 6 7.69% 6 514/183 7 5.77% 514/629 5.77% Others 14 9.76% 455/041.1 9.09% 455/059 4.55% 455/103 4.55% 455/404.1 4.55% 455/410 4.55% 455/411 4.55%

ArrivalStar S.A. et. al. Wyncomm LLC UCB Inc. et al Telecomm Innovations LLC
Others Sundesa LLC 59.09%

5

5

45

705/035 7.32%

514/321 5.77%

705/038 7.32% 705/003 4.88% 705/007. 13 4.88% 705/004 4.88%

514/565 5.77%

12

Arunachalam GlobeTecTrust LLC

455/412.1 9.09%

US Subclass 514/323 covered ~21% litigation US Subclass 705/002 covered ~12% litigation

15

US Subclass 455/041.1 covered ~9% litigation of the Icon Health and Fitness Inc entire class. LLC Digital Signal Innovations

of the entire class.

of the entire class.

Top US sub classes targeted were:

38

Eisai Co. Ltd. et al.

514/323 which relates to - Drug, bio-affecting and body treating composition; ring nitrogen in the polycyclo ring system. 705/002 which relates to - Data processing: financial, business practice, management, or cost/price determination; health care management (e.g., record management, icda billing).

Patent litigation itself has become a booming business. NPE’s (Non-Practicing Entities) and practicing entities US jurisdictions. Figure 3 shows the trend of Patent Litigations filed by the top 10 Plantiffs andthat the witnessed Chart is litigation topped by NPE’s i.e. Top US classes activity were: ArrivalStar and Wyncomm LLC. ArrivalStar has threatened many Companies with litigation, ArrivalStar 514 covered 8.2% of the costly litigation activity in Oct 2013.
 705 6.5% of the litigation activity in Oct 2013. S.A. et.al Stands first with 45 number of Patent Litigations filed incovered Past month (July-2013) and Wyncomm LLC  455 Stands second with 38 Patent Litigations filed in the same month ofcovered July. 5% of the litigation activity in Oct 2013.
40 30 20 10 0
52

have increased their patent actions and continuing to inductive filing Patent Litigations in the 455/041.1 which relates to Telecommunications; near field (i.e., or capacitive coupling).
60 50

Zydus Pharmaceuticals USA Inc., Dell Inc., Rea, Sony Corporation, Worldwide Inc., Gatorade, 41 Top USUnisource subclasses that witnessed litigation Mylan activity
32

Pharmaceuticals Inc. and Lenovo top defendants who are defending two or more litigation cases, filed in 23 are were: 22the20 19
14

29

28

the month of July-2013.
514 705 455 709 340 435 424 606 370 717

 514/323 which covered ~21%, 705/002 covered ~12% and
455/041.1 which covered ~9% of the litigation activity in respective US classes.

Patent Litigation Updates – Technology trends

Patent Litigations Filed by Top Plantiffs

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