Q3 U.S. Patent Litigation Data and Analysis

Managing Intellectual Property recently interviewed Finnegan attorney Erik R. Puknys to discuss 2016 Q3 data and trends for U.S. district court patent cases.

More than two years after the Alice decision, the effects are still being felt in district court patent litigation. Many software patent owners are discouraged from filing due to the tendency of district courts to dismiss cases for lacking patentable subject matter under Section 101. Puknys said, "Plaintiffs are looking at playing, basically, defense for the first [potentially] 18 months of the action," as district courts have shown great willingness to stay proceedings until the PTAB has ruled.