Patent infringement lawsuits are on the decline

BVWireIssue #260-3
May 15, 2024

intellectual property
intellectual property, intangible assets, patent

Although the number of patents granted annually continues to rise, the number of patent infringement lawsuits filed in U.S. district courts has decreased significantly, according to a new study from Marcum. Findings include:

  • In 2013, 6,497 cases were filed, but, by 2022, this number had dropped to 3,639;
  • Median damages have recently trended downward, to $2.4 million from a peak of $9 million in 2005;
  • Permanent injunctions granted have fallen sharply, from an annual rate of 80 to 36 over the last 15 years;
  • As a venue preference, Western District of Texas has gained favor over the Eastern District of Texas (however, recent changes are also affecting the Western District’s status); and
  • After Halo Electronics, Inc. v. Pulse Electronics, Inc., from 2003 to 2022, 22% of cases saw enhanced damages due to willful infringement, averaging a 2.3x award multiplier.

“The research effort behind the patent litigation study was substantial, aimed at going beyond academic analysis to provide a strategic perspective on intellectual property trends,” said William Scally, the lead author of the study and the National Leader of Litigation Advisory Services at Marcum LLP. “The findings of this study offer insight into the trends and shifts that may influence how businesses approach patent litigation and consider intellectual property management strategy moving forward.” Scally is a co-editor of BVR’s Comprehensive Guide to Economic Damages, 7th edition.  

To download the 2024 Marcum Patent Litigation Study, click here.

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