Thursday, October 8, 2015

Dennis Crouch's Patently-O: 2 new topics, including “The Concentrated Market of Patent Jurisdictions”

Dennis Crouch's Patently-O: 2 new topics, including “The Concentrated Market of Patent Jurisdictions”

Link to Patently-O » Patent

The Concentrated Market of Patent Jurisdictions

Posted: 08 Oct 2015 02:10 AM PDT

The chart below shows the relative distribution of new patent lawsuit filings (complaints) over the past decade.  I included the top four most popular jurisdictions (E.D.Tex., D.Del., C.D.Cal., and N.D.Cal.) and also a catch-all category for the sum of the other 90 or so districts in the country.  LawsuitDistribution

You’ll note that E.D.Tex. has been the leading district almost every year for the past decade, but that growth has increased since the AIA (2011) and even further increased in 2014 and 2015.  Part of ramp-up comes from the fact that the E.D.Tex. cases already had more defendants-per-patent and the joinder provisions of the AIA could be seen as a natural expression of that phenomenon.  However, the rise in 2015 can’t be so easily explained.

If you calculate the HHI, this now looks like a very concentrated market.

Trans Pacific Partnership

Posted: 07 Oct 2015 08:52 PM PDT

The Trans-Pacific-Partnership is now much closer to reality with substantive agreement between the 12 member nations that include the US, Canada, Mexico, Japan, Australia, et al. (but not China).  The new multilateral trade agreement has not been made public, but reportedly includes a number of intellectual property elements with special protections against copyright theft for the US entertainment industry and generic competition for the branded pharmaceuticals.  Congress will need to approve the agreement, but is likely to do so.

A final version of the text should be available in November.

Patentlyo Bits and Bytes by Anthony McCain

Posted: 07 Oct 2015 07:19 PM PDT
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