Study Decodes Twenty Years of Patent Litigation: Median
Damages, Venue Shifts, and Injunctions Under the Microscope
NEW
YORK, April 26, 2024 /PRNewswire/ -- A
newly released study from Marcum LLP reveals surprising trends
in two decades of patent litigation, shedding light on unexpected
patterns that counter the steady increase in patents granted by
the U.S. Patent and Trademark Office. The 2024 Marcum
Patent Litigation Study examines the decline in patent
infringement lawsuits, median damage awards, the impact of court
decisions on permanent injunctions, and shifting legal venue
preferences, providing strategic insight for business and legal
professionals.
This study offers insight into the
trends and shifts that may influence how businesses approach patent
litigation
Key Findings:
- Overall Drop in Litigation: 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. In 2013, 6,497 cases were filed, but by 2022, this
number had dropped to 3,639.
- Median Damages: Over the last 20 years, median damages
in patent cases are approximately $3.7
million. Excluding default judgments, this rises to
$5.6 million, peaking at $9 million in 2005 and more recently trending
downward to $2.4 million.
- Permanent Injunctions: Post eBay Inc. v.
MercExchange, permanent injunctions granted fell sharply, with
a noticeable annual decline from 80 to 36 over the last fifteen
years.
- Venue Shifts: The TC Heartland decision
reshaped venue preferences, diminishing the Eastern District of
Texas's dominance in favor of the
Western District of Texas.
However, recent changes are also affecting the Western District's
status.
- Enhanced Damages: 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."
Marcum's litigation support team utilized Westlaw databases,
Law360, and CaseText to provide this comprehensive overview of
patent litigation trends.
To download the complete study, please visit
https://info.marcumllp.com/2024-marcum-patent-litigation-study
About Marcum LLP
Marcum LLP is a top-ranked national accounting and advisory firm
dedicated to helping entrepreneurial, middle-market companies and
high net worth individuals achieve their goals. Marcum's
industry-focused practices offer deep insight and specialized
services to privately held and publicly registered companies, and
nonprofit and social sector organizations. The Firm also provides a
full complement of technology, wealth management, and executive
search and staffing services. Headquartered in New York City, Marcum has offices in major
business markets across the U.S. and select international
locations. #AskMarcum.
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SOURCE Marcum LLP