Effectual Knowledge Services

Monthly Litigation Updates – October 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

October 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 October 2013 is almost same as

compared to September 2013 and is again below the yearly average.

Also, the week wise patent lawsuits trends for the month of October 2013

are presented below:

Week 2 and Week 3 witnessed peak lawsuit filing activity.

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

0

100

200

300

400

500

600

700

800

900

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

518 574

424

612 516

988

492 533 453 451

0

20

40

60

80

100

120

140

Week 1 Week 2 Week 3 Week 4

95

132 133

91

Highlights:

Total number of Patent lawsuits

filed in the month of October 2013

is 451.

With 170 lawsuits, Texas Eastern

District Court was again a

preferred choice for filing lawsuits

in the month of October 2013,

followed by District Court of

Delaware with 66 lawsuits.

Most of the lawsuits were filed by

Long Corner Security (52) followed

by Annuitek (29).

Top US classes which were most

targeted for patent lawsuits in

October 2013 were 514, 705 and

455.

In ITC, Trico Products filed one

complaint against defendant

Federal-Mogul Corp.

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 District Court of Eastern District of Texas, followed by the District Court of Delaware.

Top Plaintiffs & Defendants:

The figure above shows the top 6 Plaintiffs, for the month of October 2013. Evidently, most of the lawsuits were filed by

Long Corner Security (52 patent lawsuits), followed by Annuitek (29 patent lawsuits). The lawsuits filed by Long Corner

Security are against financial services companies such as VisaTM

, MasterCardTM

, Chase Paymentech etc. The lawsuits were

filed based on a single patent (US5963642A), which is directed towards secure storage of data.

Amazon (8), Microsoft (6), Sprint

(5), Nokia (5), T-Mobile (5), were

amongst the top defendants for the

month. Followed by others, including

United States Cellular (4), Samsung

(3), International Riding Helmets (2)

and Hewlett-Packard (2).

Texas Eastern District Court,

170

Delaware District Court,

66 California

Central District Court, 30

Tennessee Eastern District

Court, 21

California Southern

District Court, 17

California Northern

District Court, 16

New Jersey District Court,

13

Illinois Northern

District Court, 12

Others, 106

0 20 40 60

Long Corner Security

Annuitek

Intellectual Ventures

Alex is the Best

Landmark Technology

Pragmatus Mobile

52

29

13

12

11

10

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Texas Eastern District Court was a preferred

choice for filing lawsuits in the month of

October 2013, followed by District Court of

Delaware.

Together, these courts accounted ~52% of the

lawsuits filed during the past month.

Most of the lawsuits were filed by Long

Corner Security followed by Annuitek.

Long Corner Security filed lawsuits against

financial services companies, such as

MasterCardTM

, VisaTM

, Chase Paymentech

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

37 while a total of 1 complaint was filed in the

month of October 2013.

Last month, plaintiff Trico Products filed one

complaint against defendant Federal-Mogul Corp. on

the technology relating to automotive windshield

wipers.

Source: www.itcblog.com

US Subclass 514/323 covered ~21% litigation

of the entire class.

US Subclass 705/002 covered ~12% litigation

of the entire class.

US Subclass 455/041.1 covered ~9% litigation of the

entire class.

Top US sub classes targeted were:

514/323 which relates to - Drug, bio-affecting and body treating composition; ring nitrogen in the polycyclo ring system.

705/002 which relates to - Data processing: financial, business practice, management, or cost/price determination; health care

management (e.g., record management, icda billing).

455/041.1 which relates to - Telecommunications; near field (i.e., inductive or capacitive coupling).

0

1

2

3

4

5

6

7

7

4 4

2

4 4

2

4 5

1

514/323 21.15%

514/338 7.69%

514/574 7.69%

514/183 5.77% 514/629

5.77% 514/565

5.77%

514/321 5.77%

Others 40.38%

705/002 12.20%

705/007.14

9.76%

705/035 7.32%

705/038 7.32%

705/007.13

4.88% 705/004 4.88%

705/003 4.88%

Others 48.78%

455/041.1 9.09%

455/059 4.55%

455/103 4.55%

455/404.1 4.55%

455/410 4.55%

455/411 4.55%

455/412.1 9.09%

Others 59.09%

0

10

20

30

40

50

60

514 705 455 709 340 435 424 606 370 717

52

41 32 29 28

23 22 20 19 14

Top US classes that witnessed litigation activity were:

514 covered 8.2% of the litigation activity in Oct 2013.

705 covered 6.5% of the litigation activity in Oct 2013.

455 covered 5% of the litigation activity in Oct 2013.

Top US subclasses that witnessed litigation activity

were:

514/323 which covered ~21%, 705/002 covered ~12% and

455/041.1 which covered ~9% 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

Corporations/In-house Counsels

Patent Monetization Companies

Patent Brokers

Research Institutions / Academia

Individual Inventors

Government agencies

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We serve customers across the globe

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when it comes to customers.

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