US Litigation Newsletter – September 2013
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Transcript of US Litigation Newsletter – September 2013
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
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
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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we employ a sophisticated and thorough screening mechanism
when selecting personnel. We do our outmost 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
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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.
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