WIPR survey: Further decrease in US patent litigation predicted

Another decrease in US-based patent litigation is likely to have occurred by the end of the year, a survey of WIPR readers has revealed.

This week, as part of our regular survey, we asked whether the number of patent lawsuits filed in 2015 will be lower than in 2014.

Our question follows the publication of a report from accountancy firm PwC that revealed that there was a 13% drop in US-based patent litigation in 2014 compared with the previous year.

It was the first time there had been a recorded drop in US lawsuits since 2009.

In response to our question, 71% of respondents said they expected to see a further decrease by the end of this year.

In its report, PwC said the decrease may have been down to the ruling by the US Supreme Court in the Alice v CLS Bank case, which it said had significantly impaired the ability to obtain and assert software patents.

But not all respondents agreed with that theory, suggesting the decrease could be attributed to a rise in litigation carried out at the US Patent and Trademark Office (USPTO) instead of courts.

In 2012, as part of the America Invents Act, the USPTO introduced new alternatives to patent litigation, including inter partes reviews (IPRs).

The IPR system allows petitioners to dispute a patent’s validity before the USPTO’s Patent Trial and Appeal Board.

For this week’s survey, WIPR asks: “British American Tobacco and Philip Morris International have taken the British government to court over its plans to introduce plain packaging legislation in England. Do you fear similar laws will soon extend to food products, such as those with high sugar or fat content?”

We look forward to hearing from you.