Patent Lawsuits and Damages on the Rise in the U.S.

In 2020, the number of patent lawsuits increased for the first time since 2015. Lex Machina reported that 4,060 cases were filed in U.S. district courts in 2020, an increase of 469 since 2019. Patent Trial and Appeal Board (PTAB) petitions also increased for the first time since 2017. World Intellectual Property Review interviewed Finnegan partner Laura Masurovsky for her thoughts on the cause of this increase.

Laura said, “It’s no surprise that the number of patent lawsuits has increased during the middle of a pandemic. During times of economic uncertainty, companies tend to look for other ways to monetize their assets and/or maximize their investments. I don’t think it’s a blip; I think it’s indicative of a cyclical trend we’ve seen in patent litigation in the past.” She added, “Given the additional factors of greater litigation funding entering the equation and increasing numbers of denials of institutions of IPRs, this appears to be the start of a longer-term trend.”

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