Further statistics prove.
Scally 24, National Leader of Litigation Advisory Services at Marcum, M.B.A., Finance (William Scally, 2024, “2024 Marcum Patent Litigation Study,” Marcum Accountants and Advisors, https://info.marcumllp.com/hubfs/pdf/2024-Marcum-Patent-Litigation-Study.pdf) [[Images omitted]]
While both the number of patents issued by the U.S. Patent and Trademark Office and the number of patent litigation case filings in the U.S. District Court have steadily increased up to 2013, a divergence has occurred over the last ten years. The number of patents issued by the USPTO has continued to grow, whereas the number of filings in U.S. District Court has declined from the peak set in 2013 of 6,497.
Over the last five years, from 2018 to 2022, cases filed have declined significantly, ranging from 3,275 to 3,802, with an average of 3,567 cases annually. In the preceding five-year period from 2013 to 2017, cases filed annually ranged from 4,182 to 6,497, averaging 5,402 cases annually.
Patent litigation cases filed in U.S. District Court as a share of the total number of U.S. patents issued annually has averaged 1.4% since 2003, yet has dropped to less than 1.0% in the five years ending in 2022 versus 1.7% in the preceding five-year period from 2013 through 2017. This decline is significant considering the 2011 America Invents Act (AIA) anti-joinder provisions, which require a separate case filing for each alleged infringer.
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