Patent Litigation RIP (1789-2015) Forum

[SplitMyPants]

http://www.americanlawyer.com/home/id=1 ... curindex=0

Thoughts on whether Fish & Richardson is an exception to the rule, or whether Patent Litigation RIP is overblown?

For those without access through the pay-wall:
https://www.google.com/url?sa=t&rct=j&q ... 3917,d.dmo

[kcdc1]

Right now the big patent office firms undercut biglaw firms hard on price. I dunno how they do it.

Through a combination of lower profits and--based on what I've seen--less efficiency.

Does "less efficiency" mean that you think the big firms have more overhead/bureaucracy, or that the patent office firms are keeping rates lower by doing lower-quality work? Or something else?

[rpupkin]

Right now the big patent office firms undercut biglaw firms hard on price. I dunno how they do it.

Through a combination of lower profits and--based on what I've seen--less efficiency.

Does "less efficiency" mean that you think the big firms have more overhead/bureaucracy, or that the patent office firms are keeping rates lower by doing lower-quality work? Or something else?

I mean the patent office firms are less efficient--i.e., bill way more hours than it seems like they should for certain tasks. I'll see 20 hours billed for what looks like 2 hours of copying and pasting. I understand that cuts against conventional wisdom, but that's what I've observed. (This is very anecdotal, of course.)

[kcdc1]

So the idea is that the patent office firms bait clients in with a lower hourly rate, and then run up the total by billing more hours?

[rpupkin]

So the idea is that the patent office firms bait clients in with a lower hourly rate, and then run up the total by billing more hours?

Yes. Again, based on my limited anecdotal observation, this is part of the explanation for how, as DF put it, big patent office firms undercut biglaw firms on price. (As I said earlier, I think another significant part of it is that those big patent office firms generally have lower profits than big law firms.)

[Anonymous User]

So the idea is that the patent office firms bait clients in with a lower hourly rate, and then run up the total by billing more hours?

Yes. Again, based on my limited anecdotal observation, this is part of the explanation for how, as DF put it, big patent office firms undercut biglaw firms on price. (As I said earlier, I think another significant part of it is that those big patent office firms generally have lower profits than big law firms.)

I think all sorts of variation occur on this. My anecdotal experience is based on experience at a big NY-based firm (really high billing rates) and a regional biglaw firm (moderately high billing rates). The clients I did work for at the NY-based firm appeared to have no concern for billing, and we spent tons and tons of time on IPR petitions, with the total budget for IPRs being in the low 7 figures. (You don't need to tell me how insane that is.) At my current, more regional firm our budgets are much more in-line with industry standard, we are expected to be cognizant and use judgment about how much time really needs to be spent on things, and clients do care about the bill. FWIW, my current firm has had a better success rate with IPRs, even with less time spent and less billed.

[SplitMyPants]

"Patent Filings Drop To 5-Year Low In 2016's First Quarter"
http://www.law360.com/articles/783336?sidebar=true

[skri65]

"Patent Filings Drop To 5-Year Low In 2016's First Quarter"
http://www.law360.com/articles/783336?sidebar=true

I wonder how much of this is related to the artificially high number of suits filed in Q4 last year due to change in rules.

[Anonymous User]

I have on good information that the patent litigation bill is dead this year, and unless the Dem's take the senate probably for the next two also.

[84651846190]

The ship be sinking!

[rpupkin]

I have on good information that the patent litigation bill is dead this year, and unless the Dem's take the senate probably for the next two also.

I thought it was Republicans who were pushing for the patent litigation bill. At least that seemed to be the case when I last paid attention a year or so ago. It was Democrats who were holding it up.

[kcdc1]

Big pharma is allied with team lawyer on this one. Additionally, with Alice and the roll-out of IPR's/CBM's in the last few years, it makes a lot more sense to wait and see if those reforms are enough. I'd be pretty shocked if any reform bills made it through in the next couple years.

[yost]

"Patent Filings Drop To 5-Year Low In 2016's First Quarter"
http://www.law360.com/articles/783336?sidebar=true

I wonder how much of this is related to the artificially high number of suits filed in Q4 last year due to change in rules.

Pretty sure this explains most of it. November 2015 was a record month for filings. November 30 alone had 200+ filings.

[SplitMyPants]

https://www.law360.com/ip/articles/8964 ... ampaign=ip

[Abbie Doobie]

i'm really going to miss all those "any advice on how to break into patent lit? golly i don't know what it is about patent lit but i find it to be so darn interesting!" threads

[SplitMyPants]

i'll be curious to see what forum shopping reform (either from scotus, congress, or both) as well as 101 clarity from congress might due to possibly further this trend...

[Desert Fox]

i'll be curious to see what forum shopping reform (either from scotus, congress, or both) as well as 101 clarity from congress might due to possibly further this trend...

Delaware is going to get a lot busier. E.D. Texas will be fucked.

[patentlitigatrix]

i'll be curious to see what forum shopping reform (either from scotus, congress, or both) as well as 101 clarity from congress might due to possibly further this trend...

Delaware is going to get a lot busier. E.D. Texas will be fucked.

I hope so. Anxiously awaiting TC Heartland. I have a motion to transfer pending in two cases in E.D. Tex. and trial is set far enough out that I am hoping for transfers out before the trials, including one that recently got continued. Whew.

[ookoshi]

i'll be curious to see what forum shopping reform (either from scotus, congress, or both) as well as 101 clarity from congress might due to possibly further this trend...

Yeah, since SCOTUS granted cert to TC Heartland v. Kraft, it's possible patent venue law will change drastically in the next year or two without Congress having to intervene. People who are able to continue to do patent litigation might not have to spend so much time in E.D. Texas any more.

I hope so. Anxiously awaiting TC Heartland. I have a motion to transfer pending in two cases in E.D. Tex. and trial is set far enough out that I am hoping for transfers out before the trials, including one that recently got continued. Whew.

I know attorneys for defendants in infringement suits who have taken the strategy of asking the opposing party to agree to go ahead and file in a forum that clearly satisfies venue. They ask that court to stay the case pending the outcome of TC Heartland, so there's a clear path to transfer the case if TC Heartland reverses The Fed. Cir. in VE Holdings.

Are you objecting to venue in your answers even though VE Holdings is still good law right now, in order to preserve the issue if SCOTUS reverses?

[Desert Fox]

i'll be curious to see what forum shopping reform (either from scotus, congress, or both) as well as 101 clarity from congress might due to possibly further this trend...

Delaware is going to get a lot busier. E.D. Texas will be fucked.

I hope so. Anxiously awaiting TC Heartland. I have a motion to transfer pending in two cases in E.D. Tex. and trial is set far enough out that I am hoping for transfers out before the trials, including one that recently got continued. Whew.

Did you preserve a Rule 12(b)(3) defense in your pleadings? If not I bet the E.D of Tex. will say people waived improper venue defenses.

[patentlitigatrix]

i'll be curious to see what forum shopping reform (either from scotus, congress, or both) as well as 101 clarity from congress might due to possibly further this trend...

Delaware is going to get a lot busier. E.D. Texas will be fucked.

I hope so. Anxiously awaiting TC Heartland. I have a motion to transfer pending in two cases in E.D. Tex. and trial is set far enough out that I am hoping for transfers out before the trials, including one that recently got continued. Whew.

Did you preserve a Rule 12(b)(3) defense in your pleadings? If not I bet the E.D of Tex. will say people waived improper venue defenses.

Yup we did in both cases. And didn't assert any counterclaims.