Effectual Knowledge Services

Monthly Litigation Updates – September 2013

Effectual Services is a well established and fast growing patent and legal support services company

having experience and expertise in providing patent and legal services. With an exceptional mix of

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Effectual Services has technical and legal experts to handle every conceivable technology or situation

and support at every stage of patent life cycle from drafting and prosecution to enforcement and

litigation. Our firm’s clientele range from IP law firms, general law firms, patent licensing firms, patent

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Patent Litigation Updates – Filing trends

PATENT LITIGATION INSIGHTS FOR

September 2013

Filing velocity:

Patent litigation trends for the year indicate that the average number of

cases filed in a month is approx. 568. The figure below illustrates the

patent lawsuit filing trends observed for year 2013 so far.

Clearly, the litigation activity has been decreased by 15% as compared to

the previous month.

Also, the patent lawsuits trends for the month of September 2013 are

presented below:

Source: http://info.thomsoninnovation.com/

0

100

200

300

400

500

600

700

800

900

1000

518 574

424

612 516

988

492 533 453

0

20

40

60

80

100

120

140

Week 1 Week 2 Week 3 Week 4

101 108

139

105

Highlights:

Total number of Patent lawsuits

filed in the month of September

2013 is 453

Texas Eastern District Court was

again a preferred choice for filing

lawsuits in the month of September

2013, with 119 cases followed by

Southern District of California with

64 cases

Most of the lawsuits were filed by

Thermolife International LLC

followed by Boston University, and

Harcol Research, LLC

Once again the top US class which

were most targeted for patent

lawsuits in the previous month were

705, 514 and 709.

Patent Litigation Updates – Top Courts, Plaintiffs & Defendants

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 Southern

District of California.

Top Plaintiffs & Defendants:

The figure above shows the top 6 Plaintiffs, for the month of September 2013. Evidently, most of the lawsuits were filed

by Thermolife International LLC (48 lawsuits), followed by Trustees of Boston University (30 patent lawsuits), and Harcol

Research, LLC (23 patent lawsuits). Many of the lawsuits filed by Thermolife International LLC are against Nutrition

product manufacturer like, Applied Nutriceuticals, BNC Nutrition, Bond Laboratories, HBS International Corp, LG

Sciences, New York Nutrition Company etc.

Google (8), Apple (6), Blackberry

(4), Huawei (3), AT&T (2), were

amongst the top defendants for the

month. Followed by others

including Nintendo (2), Acer (2),

Microsoft (2) and Amazon (2).

Eastern District of Texas, 119

Southern District of California, 64

District of Delaware, 54

District of Massachusetts,

32

Central District of California, 26

Northern District of California, 24

Northern District of Illinois, 16

District of Connecticut, 12

Other, 106

0 10 20 30 40 50

Thermolife International LLC

Trustees of Boston University

Harcol Research, LLC

Garnet Digital, LLC

Babbage Holdings, LLC

Pantaaurus LLC

48

30

23

17

13

12

0 1 2 3 4 5 6 7 8

8 6

4 3

2 2 2 2 2

Texas Eastern District Court was a preferred

choice for filing lawsuits in the month of

September 2013, followed by Southern

District of California

Together, these courts accounted ~40% of the

lawsuits filed during the past month.

Most of the lawsuits were filed by

Thermolife International LLC followed by

Boston University, and Harcol Research,

LLC

Two of the top plaintiffs Thermolife and

Harcol Research are nutrition product

manufacturer and distributors.

Patent Litigations Filed by Top Plantiffs

The number of patent infringement lawsuits brought by Non-Practicing Entities (NPEs) has

increased, Computer/Electronics, Business/Consumer, Biotech/Pharmaceutical and Telecom

companies or industries have increasingly become targets.

Patent litigation itself has become a booming business. NPE’s (Non-Practicing Entities) and practicing entities

have 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 and the Chart is topped by NPE’s i.e.

ArrivalStar and Wyncomm LLC. ArrivalStar has threatened many Companies with costly litigation, ArrivalStar

S.A. et.al Stands first with 45 number of Patent Litigations filed in Past month (July-2013) and Wyncomm LLC

Stands second with 38 Patent Litigations filed in the same month of July.

Zydus Pharmaceuticals USA Inc., Dell Inc., Rea, Sony Corporation, Unisource Worldwide Inc., Gatorade, Mylan

Pharmaceuticals Inc. and Lenovo are the top defendants who are defending two or more litigation cases, filed in

the month of July-2013.

45

38

15

12

7

6 6

5 5 5

PATENT LITIGATION CASES FILING BY TOP PLANTIFFS ArrivalStar S.A. et. al.

Wyncomm LLC

UCB Inc. et al

Telecomm Innovations LLC

Sundesa LLC

Arunachalam

GlobeTecTrust LLC

Icon Health and Fitness Inc

Digital Signal Innovations LLC

Eisai Co. Ltd. et al.

ITC Complaints trend

Total number of Patent lawsuits filed before International Trade

Commission, in the year 2013 is 36 while a total of 5 lawsuits

were filed in the month of September.

Last month, 5 plaintiffs Navico, Furuno, Freedom Scientific,

Optical Devices and TRW filed (one lawsuit each) against

defendants Lenovo, LG Electronics, Nintendo, Panasonic,

Samsung, Toshiba, Micromax, Garmin, Acer etc. which are

leading brands in electronic market worldwide.

Source: www.itcblog.com

US Subclass 709/206 covered 26% litigation of the

entire class.

US Subclass 705/002 covered 13% litigation of

the entire class.

US Subclass 514/397 and 514/574 covered 13%

each litigation of the entire class.

Top US sub classes targeted were:

709/206 which relates to - Electrical computers and digital processing systems: demand based messages.

705/002 which relates to – Data processing: financial, business practice, management, or cost/price determination; health care management

or record management.

514/397 which relates to - Drug, bio-affecting and body treating compositions; additional hetero ring system.

514/574 which relates to - Drug, bio-affecting and body treating compositions; a cyano group is bonded directly to a benzene ring

0

1

2

3

4

5

6

7

7

4 4

2

4 4

2

4 5

709/206 26%

709/224 17% 709/203

9%

709/219 9%

709/201 9%

Others 30%

705/044 10%

705/037 9%

705/002 13%

705/00732 9% 705/007

14 6%

705/003 6%

Others 47%

514/397 13%

514/574 13%

514/054 9%

514/400 6%

514/565 6%

Other 53%

0

5

10

15

20

25

30

35

705 514 709 340 604 235 726 455 379 707

33 32

25 24 19 18 16 14 14

11

Top US classes that witnessed litigation activity were

709 has covered 7.2% of the entire litigation.

514 has covered 7% of the entire litigation.

705 covered 5.5% of the entire litigation.

Top US subclasses that witnessed litigation activity

were

705/002 which covered 13%, 514/397 and 514/574

covered 13% each and 709/206 which covered 26%

litigation of the entire class respectively.

Patent Litigation Updates – Technology trends

0

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