Effectual Knowledge Services

Monthly Litigation Updates – November 2013

Effectual Services is a well established and fast growing patent and legal support services company

having experience and expertise in providing patent and legal services. With an exceptional mix of

technical and legal knowledge, research proficiency, and analytical depth, we are able to consistently

provide cost-effective top-notch patent research and legal support services.

Effectual Services has technical and legal experts to handle every conceivable technology or situation

and support at every stage of patent life cycle from drafting and prosecution to enforcement and

litigation. Our firm’s clientele range from IP law firms, general law firms, patent licensing firms, patent

brokers, legal departments at mid-sized companies, multinational conglomerates, research institutions

and includes university and venture capital backed clients. We help our clients improve their business

effectiveness and maximize ROI by leveraging deep domain expertise, engineering excellence, rock-

solid execution and a comprehensive delivery model.

Our team members are tech savvy, proactive and have passion for excellence and are always on the

forefront in bringing satisfaction to customers’ needs. Our team of paralegals has deep knowledge of

rules and processes which allows us to reduce cost and still maintain quality and efficiency. Lawyers at

Effectual Services successfully help clients in document review, legal research, deposition

summarization, due diligence, and contract management.

A Benchmark For Perfection In IP

Patent Litigation Updates – Filing trends

PATENT LITIGATION INSIGHTS FOR

November 2013

Filing velocity:

Patent litigation trends for the year indicate that the average number of

cases filed in a month is approx. 556. The figure below illustrates the

patent lawsuit filing trends observed for year 2013 so far.

Clearly, the litigation activity for November 2013 is ~23% higher as

compared to the previous month.

The week wise patent lawsuits trends for the month of November 2013 are

presented below:

Week 1 and Week 3 witnessed peak lawsuit filing activity.

Source: http://info.thomsoninnovation.com/

0

200

400

600

800

1000

Jan

-13

Feb

-13

Mar

-13

Ap

r-1

3

May

-13

Jun

-13

Jul-

13

Au

g-1

3

Sep

-13

Oct

-13

No

v-1

3

518 574

424

612 516

988

492 533 453 451

558

0

50

100

150

200

250

Week 1 Week 2 Week 3 Week 4

205

70

165

118

Highlights:

Total number of Patent lawsuits

filed in the month of November

2013 is 558.

With 164 lawsuits, Eastern District

Court Texas was again a preferred

choice for filing lawsuits in the

month of November 2013, followed

by District Court of Delaware with

133 lawsuits.

Most of the lawsuits were filed by

Pi-Net International Inc (31)

followed by Delaware Radio

Technologies LLC (30).

Top US classes which were most

targeted for patent lawsuits in

November 2013 were 370, 375 and

709.

There were no ITC complaints filed

in the month of November 2013.

Patent Litigation Updates – Top Courts, Plaintiffs & Defendants

Top Jurisdictions:

The Figure above shows top 8 US preferred District Courts for patent lawsuit filing. Evidently, maximum numbers of

Patent Lawsuits were filed in the Eastern District Court of Texas, followed by the District Court of Delaware.

Top Plaintiffs & Defendants:

The figure above shows the top 5 Plaintiffs, for the month of November 2013. Evidently, most of the lawsuits were filed by

Pi-Net International Inc (31 patent lawsuits), followed by Delaware Radio Technologies LLC (30 patent lawsuits). The

lawsuits filed by Pi-Net International Inc are against financial services companies such as Wal-Mart Stores Inc, WW

Grainger Inc, Bestbuycom LLC, American Eagle Outfitters Inc etc. Most of the lawsuits were filed based on the patent

US8346894B2, which is directed towards Real-time web transactions from web applications.

Apple (10), Samsung (6) were top

defendants for the month of

November 2013, followed by others

such as HTC (5), Apotex (5), Huawei

(5), LG (5), Google (5), Blackberry

(5) and ZTE (5).

Eastern District CourtTexas

29%

Delaware District Court

24% California District Court

7%

Southern District Court

Florida 5%

Souther District Court New York

4% Nothern District

Court Illinois 4%

Central District Court California

3%

Texas District Court

2%

Others 22%

0 10 20 30 40

Menory Integrity

Innovative Wireless Solutions

Vantage Point technology

Delware Radio Technologies

Pi-Net International

21

22

28

30

31

0

2

4

6

8

10

Ap

ple

Sam

sun

g

HTC

Ap

ote

x

Hu

awei

LG

Go

ogl

e

Bla

ckb

erry

ZTE

10

6 5 5 5 5 5 5 5

Eastern District Court Texas was a preferred

choice for filing lawsuits in the month of

November 2013, followed by District Court

of Delaware.

Together, these courts accounted ~53% of the

lawsuits filed during November 2013.

Most of the lawsuits were filed by Pi-Net

International Inc (31) closely followed by Delaware

Radio Technologies LLC(30).

Pi-Net International Inc filed lawsuits against

financial services companies, such as Wal-Mart

Stores Inc, WW Grainger Inc, Bestbuycom LLC,

American Eagle Outfitters Inc amongst others.

Patent Litigations Filed by Top Plantiffs

The number of patent infringement lawsuits brought by Non-Practicing Entities (NPEs) has

increased, Computer/Electronics, Business/Consumer, Biotech/Pharmaceutical and Telecom

companies or industries have increasingly become targets.

Patent litigation itself has become a booming business. NPE’s (Non-Practicing Entities) and practicing entities

have increased their patent actions and continuing to filing Patent Litigations in the US jurisdictions. Figure 3

shows the trend of Patent Litigations filed by the top 10 Plantiffs and the Chart is topped by NPE’s i.e.

ArrivalStar and Wyncomm LLC. ArrivalStar has threatened many Companies with costly litigation, ArrivalStar

S.A. et.al Stands first with 45 number of Patent Litigations filed in Past month (July-2013) and Wyncomm LLC

Stands second with 38 Patent Litigations filed in the same month of July.

Zydus Pharmaceuticals USA Inc., Dell Inc., Rea, Sony Corporation, Unisource Worldwide Inc., Gatorade, Mylan

Pharmaceuticals Inc. and Lenovo are the top defendants who are defending two or more litigation cases, filed in

the month of July-2013.

45

38

15

12

7

6 6

5 5 5

PATENT LITIGATION CASES FILING BY TOP PLANTIFFS ArrivalStar S.A. et. al.

Wyncomm LLC

UCB Inc. et al

Telecomm Innovations LLC

Sundesa LLC

Arunachalam

GlobeTecTrust LLC

Icon Health and Fitness Inc

Digital Signal Innovations LLC

Eisai Co. Ltd. et al.

ITC Complaints trend

Total number of complaints filed so far before

International Trade Commission, in the year

2013 is 38, while no new ITC complaints were

filed in the month of November 2013.

Source: www.itcblog.com

US Subclass 370/445 covered ~71% litigation

of the entire class.

US Subclass 375/216 covered ~69% litigation

of the entire class.

US Subclass 709/219 covered ~40% litigation of the

entire class.

Top US sub classes targeted were:

370/445 which relates to - Multiplex communications; Carrier sense multiple access.

375/216 which relates to - Pulse or digital communications; Apparatus convertible to analog.

709/219 which relates to - Electrical computers and digital processing systems: multicomputer data transferring; Accessing a remote

server.

0

1

2

3

4

5

6

7

Jan

-13

Feb

-13

Mar

-13

Ap

r-1

3

May

-13

Jun

-13

Jul-

13

Au

g-1

3

Sep

-13

Oct

-13

No

v-1

3

7

4 4

2

4 4

2

4 5

2

0

370/241

6%

370/347

2%

370/445

71%

370/465

1%

370/527

15%

370/535

1%

370/951

4%

375/216

69%

375/219

8%

375/222

22%

375/295

1% 709/219

40%

709/206

25%

709/203

10%

709/227

6%

Others 19%

0

20

40

60

80

100

370 375 709 715 717 711 455 705 361 701

93 92 83

73 60 54 49

38 38 37

Top US classes that witnessed litigation activity were:

370 covered ~7.5 % of the litigation activity in Nov 2013.

375 covered ~7.4% of the litigation activity in Nov 2013.

709 covered ~6.7% of the litigation activity in Nov 2013.

Top US subclasses that witnessed litigation activity

were:

370/445 which covered ~71%, 375/216 which covered

~69% and 709/219 which covered ~40% of the litigation

activity in respective US classes.

Patent Litigation Updates – Technology trends

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We recognize our staff to be our number one asset. Accordingly,

we employ a sophisticated and thorough screening mechanism

when selecting personnel. We do our utmost to maintain the

most skilled, diligent, and dedicated staff. We pride ourselves in

having one of the best-trained teams in the industry. We are able

to retain the brightest and most talented patent professionals and

technical experts in India.

Effectual’s subject matter experts have advanced degrees (PhD /

MS) in science & technology, excellent communication skills

and have years of industry experience. Our team works under

the close supervision of US patent and trademark attorneys,

ensuring quality and consistency on all work products.

Our teams consist of experienced Lawyers from India's Best

Law Schools. They are educated and trained in Common Law

systems to meet the requirements of our Global customers.

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Law Firms – General/ Specialized

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Patent Monetization Companies

Patent Brokers

Research Institutions / Academia

Individual Inventors

Government agencies

Insurance companies

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Customers – Keeping Customers happy We keep our customers happy – we have a very high retention rate

when it comes to customers.

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