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Monthly Litigation Updates – November 2013

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PATENT LITIGATION INSIGHTS FOR
November 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

Highlights:
 Total number of Patent lawsuits filed in the month of November 2013 is 558.  With 164 lawsuits, Eastern District Court Texas was again a preferred choice for filing lawsuits in the month of November 2013, followed by District Court of Delaware with 133 lawsuits.  Most of the lawsuits were filed by Pi-Net followed International by Inc (31) Radio

800 600
988

400
518 574 424 612 516

200 0

492

533

453

558 451

Apr-13

May-13

Feb-13

Jul-13

Aug-13

Sep-13

Mar-13

Clearly, the litigation activity for November 2013 is ~23% higher as compared to the previous month.

The week wise patent lawsuits trends for the month of November 2013 are presented below:

Delaware

Technologies LLC (30).
250

 Top US classes which were most targeted for patent lawsuits in November 2013 were 370, 375 and 709.  There were no ITC complaints filed in the month of November 2013.
100 50 0 Week 1 Week 2 Week 3 Week 4 200 150 205 165 118 70

Week 1 and Week 3 witnessed peak lawsuit filing activity.
Source: http://info.thomsoninnovation.com/

Patent Litigation Updates – Filing trends

Nov-13

Jan-13

Jun-13

Oct-13

Eastern District CourtTexas 29%

Delaware District Court 24%

California District Court 7% Southern District Court Florida 5%

 Eastern District Court Texas was a preferred choice for filing lawsuits in the month of November 2013, followed by District Court of Delaware.  Together, these courts accounted ~53% of the lawsuits filed during November 2013.

Others 22% Texas District Court 2% Central District Court California 3% Nothern District Court Illinois 4%

Souther District Court New York 4%

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 Eastern District Court of Texas, followed by the District Court of Delaware.

Top Plaintiffs & Defendants:
 Most of the lawsuits were filed by Pi-Net International Inc (31) closely followed by Delaware Radio Technologies LLC(30).  Pi-Net International Inc filed lawsuits against financial services companies, such as Wal-Mart Stores Inc, WW Grainger Inc, Bestbuycom LLC, American Eagle Outfitters Inc amongst others.
Pi-Net International Delware Radio Technologies Vantage Point technology Innovative Wireless Solutions Menory Integrity 0 10 20 22 21 30 40 31 30 28

The figure above shows the top 5 Plaintiffs, for the month of November 2013. Evidently, most of the lawsuits were filed by Pi-Net International Inc (31 patent lawsuits), followed by Delaware Radio Technologies LLC (30 patent lawsuits). The lawsuits filed by Pi-Net International Inc are against financial services companies such as Wal-Mart Stores Inc, WW Grainger Inc, Bestbuycom LLC, American Eagle Outfitters Inc etc. Most of the lawsuits were filed based on the patent US8346894B2, which is directed towards Real-time web transactions from web applications.

10 8 6 4 2 0 Apple HTC LG Google Blackberry Apotex Samsung Huawei ZTE
10 6 5 5 5 5 5 5 5

Apple (10), Samsung (6) were top defendants for the month of

November 2013, followed by others such as HTC (5), Apotex (5), Huawei (5), LG (5), Google (5), Blackberry (5) and ZTE (5).

Patent Litigation Updates – Top Courts, Plaintiffs & Defendants

7 6 5 4 3 2 1 0 Jan-13 Mar-13 Jun-13 May-13 Apr-13 Aug-13 Oct-13 Feb-13 Jul-13 Sep-13 4 4 2 4 4 2 4 7 5 2 0

ITC Complaints trend
Total number of complaints filed so far before International Trade Commission, in the year 2013 is 38, while no new ITC complaints were filed in the month of November 2013.

Nov-13

The number of patent infringement lawsuits brought by Non-Practicing Entities (NPEs) has
370/95 companies or have increasingly become targets. 1 industries 375/29 370/34 370/53 370/24 370/52 4% 7 5 1 7 2% 1% 6% PATENT LITIGATION 15%

Source: www.itcblog.com

increased, Computer/Electronics, Business/Consumer, Biotech/Pharmaceutical and Telecom
375/2 22 CASES FILING 22% 5 5 5
375/21 9 8% 5 1% TOP PLANTIFFS Others 19% et. al. 709/22 S.A. ArrivalStar 7 Wyncomm LLC 6% 709/21 9 40%

BY

370/46 5 1%

6 7 12

6

45

UCB Inc. et al Telecomm Innovations LLC 3
375/21 6 69% 10% LLC Sundesa 709/20

370/44 5 71%

Arunachalam

GlobeTecTrust LLC

709/20 6 25%

US Subclass 370/445 covered ~71% litigation US Subclass 375/216 covered ~69% litigation

US Subclass 709/219 covered ~40% litigation of the

15 of the entire class. Top US sub classes targeted were:

Icon Health and Fitness Inc
entire class.

of the entire class.

38

Digital Signal Innovations LLC Eisai Co. Ltd. et al.

370/445 which relates to - Multiplex communications; Carrier sense multiple access. 375/216 which relates to - Pulse or digital communications; Apparatus convertible to analog.

Patentwhich litigation has become a booming business. NPE’s (Non -Practicing Entities) and Accessing practicing entities 709/219 relatesitself to - Electrical computers and digital processing systems: multicomputer data transferring; a remote
server. have 100

increased their patent actions and continuing to filing Patent Litigations in the 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 costly litigation, 370 covered ~7.5 % of the litigation activity ArrivalStar in Nov 2013.
80  375 ~7.4%(July-2013) of the litigation activity in Nov 2013. S.A. et.al Stands first with 45 number of Patent Litigations filed incovered Past month and Wyncomm LLC

 709 60 Stands second with 38 Patent Litigations filed in the same month ofcovered July. ~6.7% of the litigation activity in Nov 2013.
83 Zydus Worldwide Inc., Gatorade, 40 Pharmaceuticals Top USUnisource subclasses that witnessed litigation Mylan activity 73 USA Inc., Dell Inc., Rea, Sony Corporation, 54 49 the top defendants who Pharmaceuticals Inc. and Lenovo are are defending two or more litigation cases, filed in were: 38 38 37 60 93 92

20

the month of July-2013.
0 370 375 709 715 717 711 455 705 361 701

 370/445 which covered ~71%, 375/216 which covered
~69% and 709/219 which covered ~40% of the litigation activity in respective US classes.

Patent Litigation Updates – Technology trends

Patent Litigations Filed by Top Plantiffs

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