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iling dipped by ~40% month on month.To read about the technology wise breakup and other trends, feel free to download the complete report.
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Effectual Knowledge Services
Monthly Litigation Updates - December 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
technical and legal knowledge, research proficiency, and analytical depth, we are able to consistently
provide cost-effective top-notch patent research and legal support services.
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
brokers, legal departments at mid-sized companies, multinational conglomerates, research institutions
and includes university and venture capital backed clients. We help our clients improve their business
effectiveness and maximize ROI by leveraging deep domain expertise, engineering excellence, rock-
solid execution and a comprehensive delivery model.
Our team members are tech savvy, proactive and have passion for excellence and are always on the
forefront in bringing satisfaction to customers’ needs. Our team of paralegals has deep knowledge of
rules and processes which allows us to reduce cost and still maintain quality and efficiency. Lawyers at
Effectual Services successfully help clients in document review, legal research, deposition
summarization, due diligence, and contract management.
A Benchmark For Perfection In IP
Patent Litigation Updates – Filing trends
PATENT LITIGATION INSIGHTS FOR
December 2013
Filing velocity:
Patent litigation trends for the year indicate that the average number of
cases filed in a month is approx. 537. The graph below illustrates the
patent lawsuit filing trends observed for year 2013.
The lawsuit filing in December 2013 was ~40% less as compared to that of
November 2013.
Also, the week wise patent lawsuits trends for the month of December
2013 are presented below:
Week 1 witnessed peak lawsuit filing activity followed by Week 2 and
Week 3.
Source: http://info.thomsoninnovation.com/
0
100
200
300
400
500
600
700
800
900
1000
518 574
424
612516
988
492 533453 451
558
330
0
20
40
60
80
100
120
Week 1 Week 2 Week 3 Week 4
11195 93
31
Highlights:
Total number of Patent lawsuits
filed in the month of December
2013 is 330.
With 83 lawsuits, Texas Eastern
District Court was again a
preferred choice for filing lawsuits
in the month of December 2013,
followed by Delaware District
Court with 53 lawsuits.
Most of the lawsuits were filed by
E. Digital (38) followed by Phoenix/
LPL Licensing (16).
Top US classes which were most
targeted for patent lawsuits in
December 2013 were 514, 705 and
340.
A total of 7 ITC complaints were
filed in December 2013.
Patent Litigation Updates – Top Courts, Plaintiffs & Defendants
The Figure above shows top 5 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 Delaware District Court.
Top Plaintiffs & Defendants:
The figure above shows the top 6 Plaintiffs, for the month of December 2013. Evidently, most of the lawsuits were filed by
E. Digital (38 patent lawsuits), followed by Phoenix/LPL Licensing (16 patent lawsuits). The lawsuits filed by E. Digital are
against technology companies, such as Intel Corporation, Toshiba America, Seagate Technology, Micron Technology, etc.
The lawsuits were filed based on a single patent (US5839108A), which is related to memory management in a non-volatile,
long-term storage medium utilized in audio recording and playback devices.
Apple Inc (6), and Amazon.com were
(5) were amongst the top defendants
for the month, followed by Dell (3),
Sony (3), Microsoft (3), Samsung (3),
Blackberry (3), and Huawei (3).
E.D. Texas25%
Delaware District Court
16%S.D. California
13%C.D. California
6%
N.D. California5%
Others35%
0 10 20 30 40
E.Digital
Phoenix/LPL Licensing
E-Watch Inc.
Dragon
Uniloc
Promethean
38
16
11
10
10
9
0
1
2
3
4
5
6
65
3 3 3 3 3 3
Texas Eastern District Court was a preferred
choice for filing lawsuits in the month of
December 2013, followed by Delaware
District Court.
Together, these courts accounted ~65% of the
lawsuits filed during the past month.
Most of the lawsuits were filed by E. Digital
followed by Phoenix/LPL Licensing.
E. Digital filed lawsuits against technology
companies, such as Intel Corporation,
Toshiba America, Seagate Technology,
Micron amongst others.
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
66
55 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 complaints filed before International
Trade Commission, in the year 2013 is 45 while a
total of 7 complaints were filed in the month of
December 2013.
The number of complaints filed in year 2013
remained almost same as compared to year 2012 (43
Complaints).
Source: www.itcblog.com
US Subclass 514/338 and 514/255.05
covered ~12% litigation of the entire class. US Subclass 705/002 covered ~19% litigation
of the entire class.
Equal distributions amongst subclasses with observed
withing US class 340
Top US sub classes targeted were:
514/338 which relates to - Drug, bio-affecting and body treating composition; Plural hetero atoms in the polycyclo ring system.
514/255.05 which relates to - Drug, bio-affecting and body treating composition; Nitrogen or -C(=X)-, wherein X is chalcogen, bonded
directly to the piperazine ring.
705/2 which relates to - Data processing: financial, business practice, management, or cost/price determination; health care management
(e.g., record management, Icda billing).
0
1
2
3
4
5
6
7
7
4 4
2
4 4
2
45
2
0
7
514/33812%
514/255.05
12%
Others76%
705/219%
705/14.17
12%
705/5913%
Others56%
340/5.226.67%
340/572.16.67% 340/551
6.67%
340/10.36.67%
340/573.16.67%
340/10.336.67%340/540
6.67%
340/10.46.67%
340/5626.67%
340/426.16.67%
340/572.46.67%
340/4316.67%
340/870.076.67%
340/5006.67%
340/5316.67%
0
2
4
6
8
10
12
14
16
18
514 705 340 709 370 435 726 424 379
17 16 1513 12 11 10 10
8
Top US classes that witnessed litigation activity
were:
514 covered 6.2% of the litigation activity in Dec 2013.
705 covered 5.8% of the litigation activity in Dec 2013.
340 covered 5.4% of the litigation activity in Dec 2013.
Top US subclasses that witnessed litigation activity
were:
705/2 which covered ~19%, 514/338 and 514/255.05
covered ~12% of the litigation activity in respective US
classes.
All the subclasses in US class 340 covered ~6.67% of
the litigation activity in US class 340.
Patent Litigation Updates – Technology trends
EFFECTUAL TEAM
We recognize our staff to be our number one asset. Accordingly,
we employ a sophisticated and thorough screening mechanism
when selecting personnel. We do our utmost to maintain the
most skilled, diligent, and dedicated staff. We pride ourselves in
having one of the best-trained teams in the industry. We are able
to retain the brightest and most talented patent professionals and
technical experts in India.
Effectual’s subject matter experts have advanced degrees (PhD /
MS) in science & technology, excellent communication skills
and have years of industry experience. Our team works under
the close supervision of US patent and trademark attorneys,
ensuring quality and consistency on all work products.
Our teams consist of experienced Lawyers from India's Best
Law Schools. They are educated and trained in Common Law
systems to meet the requirements of our Global customers.
OUR CUSTOMERS
Law Firms – General/ Specialized
Corporations/In-house Counsels
Patent Monetization Companies
Patent Brokers
Research Institutions / Academia
Individual Inventors
Government agencies
Insurance companies
Banks
Customers – Global footprint
We serve customers across the globe
Customers – Keeping Customers happy We keep our customers happy – we have a very high retention rate
when it comes to customers.
Offices
Noida, India Delhi, India Texas, USA UK/Europe Sales Contact B-55, Ground Floor, Sector 2,
Noida 201301 – India
Phone: +91 120 4561797, + 91
9013673286
210, DDA Building No-5,
District Center, Janak Puri,
New Delhi-58
Phone: +91 9013948557
2727 LBJ Freeway, Suite 309,
Dallas, Texas 75234, US
Phone: +1-972-256-8233
Fax: +1-972-910-0664
Phone: +44-203-286-8233
Email: [email protected]
Simplifying Legal Services