Chicago IP Attorney & Lawyer : R. David Donoghue : Chicago IP Litigation Blog

Statistics compiled by the Patent Troll Tracker* blog show that the Northern District continues to play a prominent role in deciding the nation's patent disputes and, as a result, its IP disputes more generally.  Filings of patent cases for 2007 (through the end of July), show that the Northern District had the fourth most patent filings:

2007 Patent Filings (through July)

District	Cases	Defendants
E.D. Texas	202	705
C.D. Cal.	148	329
D.N.J.	98	169
N.D. Ill.	81	163
N.D. Cal.	78	156
D. Del.	75	199
S.D.N.Y.	67	167

Another interesting statistic from this data:  with the exception of the E.D. Texas, all of the districts have a rough average of two to three defendants per case.  E.D. Texas averages about three and a half defendants per case.  I would have expected that E.D. Texas would average closer to five to ten defendants per case.  Perhaps all of the large patent licensing company cases that garner so much attention in Marshall are balanced by disputes between individual parties.

If readers are interested in these statistics, let me know and I will compile my own data and make it a regular (maybe quarterly) feature.

*  I appreciate the Patent Troll Tracker's statistics and even the effort he performs keeping track of cases filed by patent licensing companies, but as I have explained before I am no fan of name calling (by either plaintiffs' or defendants' counsel).  As such, I prefer the neutral term "patent licensing company."

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The John Marshall Review of Intellectual Property has published an article by Ray Niro senior partner of Niro Scavone, traditionally a patent plaintiff's firm, calling for an end to name-calling in the patent world:  Raymond P. Niro, Who is Really Undermining the Patent System -- "Patent Trolls" or Congress?, 6 J. MARSHALL REV. INTELL. PROP. L. 185 (2007).  First, he traces the history of the term "patent troll" for patent holding companies and then he suggests a few less than pleasant nicknames for the attorneys that defend corporations against patent suits.  And as someone who often, although not exclusively, defends companies in patent suits the names hurt Ray, they really hurt.  But seriously, the article is very interesting, raises some provoking points and is worth a read.

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