Infringement declined globally from 2012 to 2019
LONDON, May 16, 2024 /PRNewswire/ -- Clarivate
Plc (NYSE: CLVT), a leading global provider of transformative
intelligence, today released the 2024 Non-Practicing Entity Global
Litigation (NPE) Report to analyze NPE enforcement activities and
their patent validity challenges across the globe. The report
revealed that the United States,
Germany and Mainland China are the
three countries and regions with the most infringement cases filed
by NPEs.
For this report, NPE is defined as an independent legal
organization which owns or benefits from patent rights but does not
sell or manufacture goods or provide goods-related services. Using
the Clarivate Darts-ipTM database of patent case law,
this report showed that among the countries and regions where most
of infringement cases are filed by NPEs between 2018-2023, the U.S.
accounts for 97.2% of the total, while Germany and Mainland China count for 1.8% and
0.4% respectively. However, the growth momentum differs in the top
three countries when comparing 2012-2017 to 2018-2023. There was a
43% decrease in the number of U.S. NPE infringement cases, while
the number in Mainland China increased 600% and Germany saw a strong decline starting in
2018.
This report showed that during 2012-2017, there was an
undeniable trend of increasing patent validity challenges overall
and of patent validity challenges filed against NPEs worldwide.
While overall patent validity challenges slightly increased during
2018-2023, the number of patent validity challenges filed against
NPEs worldwide slightly decreased.
Francois Neuville, Senior Vice
President, Brand IP, Clarivate, said, "NPEs should now be
considered as part of the patent ecosystem. These entities seek out
courts where they can further monetize the value of their IP
assets, using litigation as both leverage and means. As NPE
litigation continues to evolve worldwide, analyzing trends using
enriched data and insights can help support informed decisions for
the future."
Other key findings in the report include:
- Overall, infringement action filed by NPEs declined globally
from 2012 to 2019. Starting in 2020, NPE infringement cases began
to stabilize at around 2,000 per year.
- NPEs are well known for being active in Information and
Communication Technologies (i.e. digital communication,
telecommunications, computer technology and audio-visual
technology). These technologies account for 64% of the patents
asserted by NPEs in the U.S. and for 74% of the patents asserted by
NPEs in EU.
- Patents belonging to NPEs are being invalidated at greater
frequency than non-NPEs. This may indicate that the NPEs are facing
patent quality challenges.
Learn more about NPE litigation worldwide trends here.
Methodology
For this report, we consider NPEs to be
independent organizations (legal entities) which own or benefit
from patent rights but do not sell or manufacture goods or services
associated with them (i.e., non-operating companies) and which have
an active (offensive) assertion or litigation role as plaintiffs
towards the enforcement of their patent rights. Read our full
methodology here.
About Clarivate
Clarivate™ is a leading global
provider of transformative intelligence. We offer enriched data,
insights & analytics, workflow solutions and expert services in
the areas of Academia & Government, Intellectual Property and
Life Sciences & Healthcare. For more information, please
visit www.clarivate.com
Media contact
Jack Wan
External Communications Director
newsroom@clarivate.com
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