Bonum Certa Men Certa

District of Delaware is Becoming Patent Litigation 'Infestation' Zone, According to Lex Machina's Data

Delaware



Summary: Lex Machina's figures on patent litigation as interpreted and presented by patents/litigation lovers and maximalists (whose primary target audience profits from mass litigation -- a passage of wealth from companies to lawyers)

THE US patent system is more than just a patent office; the USPTO grants patents, but courts can still reject these. Later today we'll focus on software patent in particular, i.e. the usual.



When it comes to pharmaceutical patents, generally not the sorts of patents we tend to worry too much about (a lot of that boils down to chemistry), IAM's Adam Houldsworth says that Lex Machina's numbers shows this:

A burgeoning caseload and the retirement of key specialist judges might adversely affect the performance of the US district court for the District of Delaware in pharma patent litigation, according to Owen Byrd, general counsel and chief evangelist of Lex Machina, which has just produced its 2018 Hatch-Waxman ANDA Litigation Report. The report reveals that 2017 saw a significant increase in filings for patent lawsuits between branded and generic pharmaceutical companies, with the District of Delaware – already the country’s most popular venue for such litigation – pulling away from the pack and recording its highest ever number of filings.


Hatch-Waxman was in the headline of another report on this, courtesy of another site of patent maximalists. To quote:

Hatch-Waxman pharma patent litigation filings last year rose to near-2015 levels. Lex Machina’s new ANDA litigation report also reveals data on judges, plaintiffs, defendants and law frms

Lex Machina’s Hatch-Waxman ANDA Litigation Report 2018 report reveals the number of pharmaceutical patent cases filed in district court rebounded to 417 filings in 2017 from 324 filings in 2016 – coming up on 2015’s high of 475 filings.


As a reminder, later last year patent litigation in the Eastern District of Texas fell very sharply after the Supreme Court had issued a judgment on TC Heartland. This meant that a lot of litigation merely shifted venue (to less plaintiff-friendly courts), but overall the number of new patent lawsuits fell as well.

Recent Techrights' Posts

Links 13/05/2024: Wikimedia Rides Hype Wave, XBox Expected to Go Through More Layoffs This Summer (July)
Links for the day
When Lunatics Attack Your Family (Especially Women)
The attacks on my wife and my mom are rather revealing. These are acts of extreme misogyny.
Linux is Released Too Often, Tested Insufficiently (Same as Chromium, Firefox, and Systemd)
Driven by schedule, not quality (objective criterion)
 
Approaching Our 3,000th Post (After Moving to a Static Site Generator Back in September)
the main purpose is to enable people to catch up
[Video] The Microsoft Crisis Isn't Over (More Mass Layoffs Planned)
We saw many attempts at suppressing information lately
Don’t Use Disney Minus. (Disney “Plus”)
Reprinted with permission from Ryan Farmer
Gemini Links 13/05/2024: Kingdom of the Dead and Narrative Adventure Game Gem
Links for the day
Visually Enhanced Interviews With ESR and RMS on Free Software (With French)
Nom de code - Linux
IRC Proceedings: Sunday, May 12, 2024
IRC logs for Sunday, May 12, 2024
Over at Tux Machines...
GNU/Linux news for the past day
GNU/Linux Rises to Record High in Macao
iOS and Android are very big there
Debian: Let's Pretend We Never Knew Daniel Pocock
Ad hominem is what happens when the message is hard to dispute
DPL Sam Hartman proves blackmail is alive and well in Debian
Reprinted with permission from disguised.work
What is a safe space?
Reprinted with permission from the Free Software Fellowship
Does Debian deserve an independent news service?
Reprinted with permission from disguised.work
Linux.com So Neglected If Not Abandoned That It Promotes Deals That Expired 4 Weeks Ago
Quite some "stewardship" by the Linux Foundation
The Fall of Meritocracy in Tech
nuff said
Microsoft Has Lost Malta
Android has caught up
In Asia, Baidu Has Become Bigger Than Bing and Yandex is Getting There Too
XBox and Bing are going through existential crises
"Having IBM Next to Your Name is a Scarlet Letter"
IBM staff just motivated not to work
Techrights Browsing Made Easier
a draft for discussion
Links 12/05/2024: XBox Founders Say Microsoft Lost Its Identity
Links for the day
Gemini Links 12/05/2024: Enshitification and Mind Maps
Links for the day
Aside From Red Hat Spam and Partisan Media There's a Lingering Rumour of Layoffs
Some rumour said IBM had second thoughts about a WARN notice and delayed that a bit
The Albanian open source community is very healthy indeed
Windows nosedives from 99.1% to a lot less
When I discovered people trafficking in open source software
Reprinted with permission from Daniel Pocock
Web Sites Hijacked by WIPO on Behalf of Microsoft-Sponsored SPI (and People Looking to Hide Embarrassing Facts)
debian.chat; debiancommunity.org; debian.day; debian.family; debian.finance; debian.giving; debiangnulinux.org; debian.guide; debian.news; debian.plus; debianproject.community; debianproject.org; debian.team; debian.video
Julian Assange on Privacy of People, Even Little Children
Facebook/Google (or GAFAM, an acronym I coined with Assange) knows you better than your mom knows you
[Meme] Miscomprehension of GDPR
Social control in general is a ticking timebomb
In Haiti, the Market Share of Windows Collapsed (From 97% to 27% on Desktops/Laptops)
A couple of months ago Windows was measured at 3.04%
In Most Countries It's Still Possible Not to Have a 'Smartphone' and to Pay for Nearly Everything With Cash
Withdrawing money will be possible as long as enough people use many ATMs (cash machines)
Expect Lots of Material From Daniel Pocock as Election Day Nears
The experiences of Daniel Pocock were an excellent example of reprisal or retribution against either whistleblowers or people who give a voice to whistleblowers
I've Been Promoting Free Software for Over 25 Years
I wrote my first computer program when I was about 14, maybe a little younger (I have visual memory of it)
Reminder: Richard Stallman's Talk is This Week in Paris (and in French)
Defending rms isn't the same as defending everything he has ever said
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 11, 2024
IRC logs for Saturday, May 11, 2024
Online Bullying (Trying to Make People Unhappy)
Narcissists and bullies behind mice and keyboards, no honesty or fact-checking required
Talk About Software Freedom
"Linux" and "BSD" may mean a lot to more and more people, but they're still just brands or acronyms
Windows in South Korea: From 98.5% in 2010 to About 30% (Android Rises to Almost 50%)
Samsung ships like a million Linux devices per day
Improving Site Navigation for Easier Discovery and Catch-ups
This site is run by code we wrote ourselves
LibrePlanet 2024 Recordings
Let's hope independent recordings by viewers can help recovery of "lost talks" (recordings)
GNU/Linux Reaches 11% Market Share in the United States Of America - an All-Time High
The United States Of America is where the operating system started (Boston) and where Linus Torvalds works (Portland)
[Meme] Being Believed, Not Censored or Defamed
Daniel Pocock, Zini, and John Sullivan (FSF)
Links 11/05/2024: XBox Crisis, Spotify Exodus Continues
Links for the day
Gemini Links 11/05/2024: Why to Delete GitHub
Links for the day
In Europe, Bing Fell Every Month This Year, Lost a Considerable Share Since "Bing Chat" and All the Chatbot Hype
Microsoft's Bing has had many layoffs lately
Links 11/05/2024: Analysis of the Microsoft Crisis and Backdoor-Looking Bugs
Links for the day
Attacking the Messenger?
Stack Overflow and LLM licencing
Microsoft Fired Loads of Staff in Kenya, Which is Another Large Country Where GNU/Linux Has Grown a Lot
Microsoft pays Kenyans only 2 dollars an hour for an IT/office job
Knowing the True History of Debian, Owing to Irish Debian Developer Daniel Pocock (Currently Running to Become Member of the European Parliament)
Irish-Australian and scapegoat of a highly dysfunctional 'Debian family'
Attacking by Credentials
Modest people do not demand fancy titles
Microsoft Windows Used to Have 99% of the OS Market in Jordan, Now It's Just 13% (Less Than iOS)
Based on the data of statCounter, GNU/Linux in Jordan climbed from 0.62% in May 2014 to nearly 5% right now
More Nations Are Reaching and Exceeding 5% Market Share for GNU/Linux, Microsoft Wants to be Bailed Out Again
Microsoft is once again reaching out to Biden for a bailout - a subject we'll cover in a video some time this weekend
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 10, 2024
IRC logs for Friday, May 10, 2024
[Meme] What Do You Call a Woman Who Does BDS on Free Software? Elana Hamasman.
Here are some confused thoughts
[Meme] Mission Aborted
Mission Aborted: cancel RMS
Taking Things Up a Notch
we strive/aim towards 15-25 new pages per day, i.e. around 500 per month or 6,000 per year