Litigation is constant but trends toward decreasing.

2023 was an eventful year for the patent world. The USPTO sought comments on the ANPRM and Patent Eligibility Restoration Act. The Unified Patent Court (UPC) launched. Pressure mounted in the EU to create a SEP commission. Despite the implemented changes or those proposed, litigation levels remained constant. IP Edge continues to be notably absent, but others, like Jeffrey M. Gross and Intellectual Ventures, have increased their assertions.

Highlights:

Litigation was down 12.5%, PTAB was down 11.4%, and Reexams were up 6.7%

With disclosure requirements and referral for disbarment in Delaware, the EDTX became the hotspot for NPE activity, although the WDTX was only 54 cases behind.

Litigation remained on par quarter-by-quarter with a standard deviation of 28.2 cases, even without IP Edge.

Jeffery M. Gross and Intellectual Ventures led 2023 for most suits filed by Litigation Investment Entities (LIEs) with 226 collectively. Patent Armory, attributed to Gross as well, made up 83 of those suits.

With a lukewarm start, the UPC has begun to see an uptick in cases, particularly surrounding SEPs with a total of 155 cases.

Unified Patents leads ex parte reexaminations with 57 in 2023 and 96 since 2020 collectively.