Figure 1: In 2014, patent disputes reached the second highest level in history, 6,674.
x
Litigation
PTAB
ITC
2011
3,499
51
2012
5,378
108
41
2013
6,030
773
46
2014
5,002
1,639
33
Litigation
Figure 2: In 2014, PTAB filings increased, as litigation dropped.
x
Litigation
PTAB
ITC
2011
3,499
51
2012
5,378
108
41
2013
6,030
773
46
2014
5,002
1,639
33
ITC
Figure 3: In Q4 2014, PTAB petitions reached 45% of initiated litigations.
Litigation
PTAB
0
0
Q1
1,273
231
Q2
1,473
497
Q3
1,140
444
Q4
1,114
503
PTAB
Figure 4: In 2014, SMEs filed 3.7% of PTAB petitions against NPEs, although they were sued about 24.2% of the time by NPEs.
Non-SME
SME
0
0
Litigation
75.8
24.2
PTAB
96.3
3.7
Non-SME
Figure 5: In 2014, High-Tech SMEs filed 3% of the PTAB petitions against NPEs, although they were sued 20% of the time by NPEs.
Non-SME
SME
0
0
Litigation
80
20
PTAB
97
3
Non-SME
Figure 6: In 2014, the High-Tech sector dominated district court litigation and the PTAB.
Litigation
PTAB
~
0
0
0
High-Tech
63.3
65.8
Medical
15.9
11.7
Other
20.8
22.5
100
PTAB
Figure 7: In 2014, the High-Tech sector dominated NPE activity in district court litigation and the PTAB.
Litigation
PTAB
0
0
High-Tech
86.2
83.7
Medical
4.7
3.6
Other
9.1
12.7
PTAB
Figure 8: In 2014, PAEs dominated NPE activity in district court litigation and the PTAB.
Litigation
PTAB
0
0
Individual
10.8
4
NPE (Small Company)
7.3
24.3
NPE (Patent Assertion Entity)
81.9
71.7
PTAB
Figure 9: In 2014, the PTAB became the top venue for patent disputes.
PTAB
LIT
0
0
PTAB
1,675
E.D. Tex.
1,436
D. Del.
935
C.D. Cal.
322
D.N.J.
287
C.D. Cal.
251
Patent Disputes by Venue
Definitions
Technology Sectors:
High-Tech = Software, Hardware, Networking, etc. Medical = Pharmaceuticals, Medical Devices, Health Related Technologies, etc… Other = Mechanical, Packaged Good, Sporting Equipment, etc…
Entities:
Non Practicing Entity (NPE) = Company which derives the majority of its total revenue from Patent Licensing activities. Operating Company or Op. Co. = Company which derives most of its total revenue from Product Sales or Services. Could be an SME or a large company. Other Entity = Universities / Non-Profits / Government / Non-Governmental Organizations (NGOs) NPE (Patent Assertion Entities) = Entity whose primary activity is licensing patents and acquired most of its patents from another entity
NPE (Small Company) = Entity whose original activity was providing products and services, but now is primarily focused on monetizing its own patent portfolio.
NPE (Individual) = Entity owned of controlled by an individual inventor who is primarily focused on monetizing inventions patents by that individual inventor.
SME = Companies that make less than $200 million in annual revenue.
Independent = Entities not prone to patent infringement suits, for example non-profits or companies like Unified Patents.
Methodology
Total number of reported petitions can vary. Unified made its best attempt to eliminate mistaken or duplicative filings.
Unified strives to accurately identify NPEs through all available means, such as court filings, public documents, and product documentation.
Unified strives to determine an SME's revenue through all available means, such as court filings, public documents, and product documentation.
