Home / Frontpage / Patent Asserting Entities and the Federal Circuit

Patent Asserting Entities and the Federal Circuit

Books on shelf with open book and judge gavel on teal background. Legal, juridical education. Jurisprudence studying, law theory. Vector illustration.

July 29, 2022

A research project set out to discover who files appeals to the Court of Appeals For the Federal Circuit in patent infringement cases, and how representative appellants are of the underlying civil actions filed in the courts. It found that between 2011 and 2016 about six percent of all patent infringement cases had at least one appeal, the overwhelming majority of which were filed by the parties who asserted the patent. They mostly lose their appeal, although producing companies are much more successful than patent asserting entities, AKA “trolls.” PAEs also settle at a higher rate than cases brought by product companies. The Federal Circuit affirms the district court more often than not.

Share this post:

Find this article interesting?

Sign up for more with a complimentary subscription to Today’s General Counsel magazine.