Patent litigation is an important tool (and usually the last resort) for individuals or businesses, to prevent infringing products from being commercialized and negatively impacting their own markets. According to recent estimates, 6000 IP litigation cases are reported each year and so it’s important for IP owners to keep themselves updated with the patent litigations trends in their technology areas.

Technology Landscapes (or Patent/IP Landscapes) is an exercise done by companies when evaluating a new or adjacent technology area to invest/operate in. IP landscapes give you a snapshot of the innovation that exists in a technology area. They help you make the right choices before entering a new technology area, deciding the future course of action of your current R&D efforts or finding complementary use-cases or partners.

More than often, patent landscapes focus more on the technology and market aspects and less importance is placed on litigations. Let’s take a look at why you need to include litigation analysis in your landscape assessments.

A recent study by PWC suggests that patent litigations are set to increase in the coming years. Key factors contributing to these trends:

• NPE Engagement: NPEs, entities holding patents without directly using the associated technologies, have seen an uptick in their patent litigation cases. Recent data shows NPE cases account for over half of all cases, impacting especially smaller law firms and a diverse range of companies.
• Technology-Driven Litigation Surge: Recent years have witnessed a spike in patent litigation in emerging tech sectors, notably in neural networks and AI. With AI’s rapid evolution, businesses are in a rush to stake their claim, leading to a surge in legal confrontations.
• Changing Landscape of Patent Lawsuits: Patent lawsuits increased during Covid years and have recently seen a dip in 2022. While it is too early to determine if this dip is a continuing trend, it is offset by the rise in Inter Partes Review (IPR) patent case filings. In US, the Patent Trial and Appeal Board (PTAB) is now more popular than federal courts for litigating patent disputes and IPR is the route taken by many companies.

All these factors make it even more important for you to include litigation analyses in your IP landscapes.