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

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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

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

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