Patent Filings Roundup: ‘Schedule A’ Filings Continue; Uptick in Discretionary Denials

Every week in the intricate world of patent filings brings its own set of developments, challenges, and trends. This past week was no exception, as the Patent Trial and Appeal Board (PTAB) and district courts saw a flurry of activity. Let’s delve into the details of what transpired in this dynamic landscape.

PTAB Petitions: An Average Week with Notable Trends

At the PTAB, 21 new petitions emerged, marking an average weekly quantity. However, within this seemingly routine flow, several intriguing patterns unfolded. Notable among them were challenges lodged against various entities, including Motion Offense LLC, Daingean Technologies Ltd, Monarch Networking Solutions LLC, and Entropic Communications, among others.

The five filings from Visa were particularly interesting, aimed at patents owned by Cortex Mcp Inc. This underscores the ongoing vigilance of significant players in protecting their intellectual property rights.

Furthermore, the PTAB’s decisions painted a nuanced picture. While 13 cases were instituted, including significant challenges by Trend Micro, Inc. and Hisense USA Corp, 12 cases faced denial of institution. Additionally, 15 cases were settled, illustrating the diverse outcomes that characterize proceedings at the PTAB.

District Court Dynamics: Filings and Terminations

In district courts, 62 new cases were filed, indicative of a slightly above-average week. Among these filings, notable mentions include multiple cases initiated by RecepTrexx LLC and Display Technologies LLC against industry giants like Ericsson, Verizon, AT&T, Wondershare Technology Group, and Activision Publishing.

Moreover, the termination of 12 cases signals the resolution or dismissal of ongoing disputes, reflecting the dynamic nature of litigation in district courts.

Design Filings Surge in the Northern District of Illinois

The Northern District of Illinois emerged as a hotspot for patent filings, particularly in design patents. With six filings this week alone, including five “Schedule A” cases, the district solidified its position as a preferred venue for such matters. This trend, consistent with data from Lex Machina, underscores the district’s allure for parties seeking to litigate design patent issues.

Uptick in Discretionary Denials at PTAB

One of the noteworthy developments at the PTAB was the uptick in discretionary denials. While most denials are grounded in substantive merits, four cases this week saw denial based on discretionary factors.

One such denial hinged on Section 325(d), wherein the PTAB emphasized the importance of presenting persuasive arguments or evidence to overcome established frameworks. Additionally, challenges brought by Videndum Production Solutions, Inc. against Rotolight Ltd patents shed light on the PTAB’s scrutiny of follow-on petitions, urging petitioners to exercise diligence and strategic acumen in their filings.

Conclusion

As patent filings continue to shape the landscape of intellectual property law, stakeholders must stay attuned to emerging trends and developments. From the strategic maneuvers at the PTAB to the strategic litigation in district courts, each facet of the patent ecosystem demands vigilance, expertise, and adaptability.

In this ever-evolving landscape, success hinges on the strength of one’s intellectual property portfolio and astute navigation of legal frameworks and procedural nuances. As we reflect on this week’s events, it becomes abundantly clear that foresight and agility are indispensable virtues in the realm of patents.