For patent litigators, 2021 has brought a steady flow of new case filings, some notable changes in the law, a slow return to the patent jury trial, and the continued attraction of all things—patent suits included—to Texas.
The business of patent litigation maintained significant energy in 2021, with available data suggesting nearly 4000 new district court cases filed, nearly 1500 PTAB proceedings initiated, and roughly 50 ITC proceedings opened for the year — which is fairly comparable to 2020. Texas and Delaware remained the epicenters of district court patent litigation, with Texas receiving nearly half of all new cases and Delaware seeing roughly a quarter. California (Central and Northern Districts) and the Northern District of Illinois also continued to see a significant volume of new cases, in line with prior years.
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