According to Docket Navigator, 2022 was the first year since 2019 that the annual number of new patent cases fell below 5,300.[1] Before 2019, the annual number of new cases had not been below 4,300 since 2011.[2] It is estimated that 2023 will see an even sharper decline, to only 4,350 new cases – a number that we have not seen for over a decade.[3] Compared to 2020 and 2021, last year had approximately 200 fewer new patent litigation proceedings in the U.S. District Courts. There was, however, a significant increase in the number of parties involved in new patent cases, with a net gain of roughly 2,134 parties since 2021.[4] Despite the anticipated drop-off in new cases, the number of parties involved is estimated to remain around 23,000, which is in line with the average over the past eight years.[5]

In terms of new district court filings in the top five busiest districts, there was a 5 percent total decrease, and the ranking of busiest district courts for patent litigation changed slightly. In 2021, the top five busiest district courts were (beginning with the busiest) the Western District of Texas, the District of Delaware, the Eastern District of Texas, the Central District of California and the Northern District of California.[6] In 2022, the Northern District of California was bumped off the list by the Northern District of Illinois.

[7]

Patent cases filed with the top five district courts handling the most patent cases saw a roughly 18 percent decrease from the previous year. Although overall patent litigation saw an increase from 2021 to 2022, the Western District of Texas saw a 12 percent decrease in new cases from the previous year.

Additionally, there was a shift in the overall distribution of new patent cases amongst district courts from 2021 to 2022. The Western District of Texas, the District of Delaware and the Central District of California all saw decreases in new cases, but the Central District of California saw the sharpest decrease, from 248 in 2021 to a mere 22 in 2022. Conversely, the Eastern District of Texas and the Northern District of California saw upticks compared to the previous year.

Despite the anticipated decrease in new cases, it is predicted that 2023 will have the highest number of trials since 2017.[8] This uptick in trials (and thus work) suggests that patent litigators may have one of their busiest years yet, despite the decrease in cases.

[1] Patent Litigation Court Activity Stats: New Cases, Docket Navigator, Aug. 21, 2023.

[2] Patent Litigation Court Activity Stats: Case Parties, Docket Navigator, Aug. 21, 2023.

[3] Patent Litigation Court Activity Stats: New Cases, Docket Navigator, Aug. 21, 2023.

[4] Patent Litigation Court Activity Stats: Case Parties, Docket Navigator, Aug. 21, 2023.

[5] Id.

[6] Patent Litigation Court Activity Stats: Most Active Courts, Docket Navigator, Aug. 21, 2023.

[7] Patent Litigation Court Activity Stats: New Cases, Docket Navigator, Aug. 21, 2023.

[8] Patent Litigation Court Activity Stats: Trials, Docket Navigator, Aug. 21, 2023.

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