01 2020 Patent Dispute Report — Unified Patents
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`March 31. 2020 {finsightsa’2020t1qul-2020-patent-dispute-report]
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`012020 Patent Dispute Report
`(/insights/2020/18/q1-2020-
`patent—dispute—report)
`
`Overview
`
`A newI venue is beginning to emerge this quarter for NPEs as they continue their
`assault on the High-Tech sector. Over the past few years. filings for both the District
`Court and PTAB proceedings have steadily declined but are now beginning to level
`off.
`
`Highlights:
`
`- While Delaware is a preferred venue for patent litigation outside orthe PTAB. the
`Western District of Texas has not only become a hotbed for patent litigation. but a
`preferred venue for NPEs. The Western District of Texas is on pace to have over
`600 patent related cases, which NPEs comprise 80% of all cases. This is partly
`due to Judge Alan D. Albright lhttpsztfwwaawISE‘:0.comiarticlesi124?952twest-
`texas-cements-lts-place-as-oatent-hotbedJ. a former patent litigator appointed to
`the trench.
`
`- Filings for both PTAB and District Court appear to be leveling off. with a similar
`amount of cases as compared to last year.
`- Small-to-n‘lediun‘l enterprises tSME] made up 32961270 cases] of all patent
`litigation defendants. primarily sued by NPEs. and were responsible for less than
`10 of all 01 PTAB challenges.
`- NPEs continue to bring the most patent disputes in the High-Tech sector for both
`District Court and PTAB proceedings. NPEs accounted for 85% of patent
`assertions in District Court and were responsible [or 68% of all PTAB proceedings
`in the High-Tech Sector.
`
`Figure 1: Assuming current trends continue, 2020 disputes are expected to be nearly
`the same as last year. View all District Court
`[httpsv’rportaLunifiedpatentscomrlitigationrcaselist: and PTAB
`[https;#purtal.unifiedpaten'ts.con1.n'ptabi'case|ist?sort?-fi|ing_datejlitigation on
`Unified‘s Portal. 1httpsumorta|.unifiedpatentscomf:
`
`Putt'rll[Ji.;311llc]{-.-|u\l'l: Jill-4 - ZULU
`
`
`
`https :r'fwwwunifiedpatents.corru'insights.-"2 02 Oil 8fq l -2 020-patent-dispute-report
`
`DISH Ex. 1021, p.
`DISH v. BBi V
`
`|PR2020-012
`
`Page 1 of8
`
`

`

`Q1 2020 Patent Dispute Report — Unified Patents
`
`Figure 2: The quarter-by-quarter analysis shows a decline in both PTAB and District
`
`Court filings. As mentioned above, Q1 saw 841 District Court filings and 329 PTAB
`
`filings compared to 799 District Courting filings and 340 PTAB filings in Q1 of 2019.
`
`Again, this illustrates that filings for both PTAB and District remain flat since Q3 of
`
`2017. View all District Court (https://portal.unifiedpatents.com/litigation/caselist) and
`
`PTAB (https://portal.unifiedpatents.com/ptab/caselist?sort=-filing_date) litigation on
`
`Unified’s Portal. (https://portal.unifiedpatents.com/)
`
`Figure 3: Although the PTAB remains the most popular venue for patent disputes
`
`overall, the Western District of Texas has become the most popular venue for NPEs
`
`in 2020. On the other hand, the District of Delaware had more filings by both NPEs
`
`and operating companies combined. View all District Court
`
`(https://portal.unifiedpatents.com/litigation/caselist) litigation on Unified’s Portal.
`
`(https://portal.unifiedpatents.com/)
`
`Figure 4: Assuming this trend continues in the Western District of Texas, the venue
`
`will have increased 700% in the last 4 years to become almost equal in patent cases
`
`(632) as the District of Delaware (696). View all District Court
`
`(https://portal.unifiedpatents.com/litigation/caselist) litigation on Unified’s Portal.
`
`(https://portal.unifiedpatents.com/)
`
`Figure 5: The majority of new patent cases continue to involve the High-Tech
`
`industry. View High-Tech litigation (https://portal.unifiedpatents.com/ptab/caselist?
`
`sort=-filing_date&up_industry=T) on Unified’s Portal.
`
`(https://portal.unifiedpatents.com/ptab/caselist?up_industry=T)
`
`https://www.unifiedpatents.com/insights/2020/18/q1-2020-patent-dispute-report
`
`DISH Ex. 1021, p. 2
` DISH v. BBiTV
` IPR2020-01280
`Page 2 of 8
`
`

`

`Q1 2020 Patent Dispute Report — Unified Patents
`
`District Court
`
`Figure 6: Patent litigation has continued to remain static over the last 3 years. In the
`
`first quarter of 2020, NPEs are responsible for 489 new patent infringement cases
`
`(over 58% of all patent litigation). View District Court
`
`(https://portal.unifiedpatents.com/litigation/caselist) litigation on Unified’s Portal.
`
`(https://portal.unifiedpatents.com/litigation/caselist?sort=-filed_date)
`
`Figure 7: Castlemorton Wireless, an NPE, was the top asserting entity in Q1 2020.
`
`View District Court (https://portal.unifiedpatents.com/litigation/caselist) litigation on
`
`Unified’s Portal. (https://portal.unifiedpatents.com/litigation/caselist?sort=-filed_date)
`
`Figure 8: Samsung was the top named defendant in Q1 2020. View District Court
`
`(https://portal.unifiedpatents.com/litigation/caselist) litigation on Unified’s Portal.
`
`(https://portal.unifiedpatents.com/litigation/caselist?sort=-filed_date)
`
`https://www.unifiedpatents.com/insights/2020/18/q1-2020-patent-dispute-report
`
`DISH Ex. 1021, p. 3
` DISH v. BBiTV
` IPR2020-01280
`Page 3 of 8
`
`

`

`Q1 2020 Patent Dispute Report — Unified Patents
`
`Figure 9: Small-to-medium enterprises (SME) made up 32% of all patent litigation in
`
`Q1 2020. View all District Court (https://portal.unifiedpatents.com/litigation/caselist)
`
`litigation on Unified’s Portal. (https://portal.unifiedpatents.com/)
`
`Figure 10: Nearly 62% of all new district court patent cases involve High-Tech
`
`companies (https://portal.unifiedpatents.com/litigation/analytics?filed_date=2020-01-
`
`01--2020-03-31&flag=DC&sort=-filed_date).
`
`Figure 11: NPE activity in the High-Tech sector alone contributes more new patent
`
`infringement cases than all non-NPE patent litigation combined. View High-Tech
`
`litigation on Unified’s Portal (https://portal.unifiedpatents.com/ptab/caselist?
`
`up_industry=T).
`
`https://www.unifiedpatents.com/insights/2020/18/q1-2020-patent-dispute-report
`
`DISH Ex. 1021, p. 4
` DISH v. BBiTV
` IPR2020-01280
`Page 4 of 8
`
`

`

`Q1 2020 Patent Dispute Report — Unified Patents
`
`Figure 12: NPE accounted for 85% of assertions in High-Tech Litigation. View all
`
`2020 District Court (https://portal.unifiedpatents.com/litigation/caselist?
`
`flag=DC&sort=-filed_date) litigation on Unified’s Portal.
`
`(https://portal.unifiedpatents.com/litigation/annual-report?year=2020)
`
`PTAB Disputes
`
`Figure 13: The PTAB received a total of 329 requests for inter partes reviews.
`
`Meanwhile, the Board’s institution rate in inter partes reviews
`
`(https://portal.unifiedpatents.com/ptab/annual-report?year=2020) decreased to 54.8%.
`
`More details for these PTAB proceedings are available on Unified’s Portal
`
`(https://portal.unifiedpatents.com/ptab/annual-report?year=2020).
`
`Figure 14: Consistent with district court proceedings, approximately 65% of petitions
`
`filed in 2020 involved High-Tech companies
`
`(https://portal.unifiedpatents.com/ptab/caselist?filing_date=2020-01-01--
`
`Invalid+Date&sort=-filing_date).
`
`https://www.unifiedpatents.com/insights/2020/18/q1-2020-patent-dispute-report
`
`DISH Ex. 1021, p. 5
` DISH v. BBiTV
` IPR2020-01280
`Page 5 of 8
`
`

`

`Q1 2020 Patent Dispute Report — Unified Patents
`
`Figure 15: Approximately 68% of all AIA challenges filed in 2020 that involved High-
`
`Tech companies related to NPE-controlled patents. Explore this data further on
`
`Unified’s Portal. (https://portal.unifiedpatents.com/ptab/analytics/case-level/by-po-
`
`entity-type?filing_date=2020-01-01--Invalid+Date&sort=-filing_date&up_industry=T)
`
`Figure 16: In 2020, IPRs were the most popular post-grant proceeding at the PTAB.
`
`Explore this data further on Unified’s Portal.
`
`(https://portal.unifiedpatents.com/ptab/annual-report?year=2020)
`
`Figure 17: Samsung was the most frequent petitioner
`
`(https://portal.unifiedpatents.com/ptab/analytics/case-level/top-parties?
`
`filing_date=2020-01-01--2020-03-31&sort=-filing_date) with 44 petitions filed. View all
`
`of Unified’s cases on Unified’s Portal.
`
`(https://portal.unifiedpatents.com/ptab/analytics/case-level/top-parties?
`
`filing_date=2020-01-01--2020-03-31&sort=-filing_date)
`
`https://www.unifiedpatents.com/insights/2020/18/q1-2020-patent-dispute-report
`
`DISH Ex. 1021, p. 6
` DISH v. BBiTV
` IPR2020-01280
`Page 6 of 8
`
`

`

`Q1 2020 Patent Dispute Report — Unified Patents
`
`Figure 18: Cellect and Uniloc were the top two most frequently challenged patent
`
`(https://portal.unifiedpatents.com/ptab/analytics/case-level/top-parties?
`
`filing_date=2020-01-01--2020-03-31&sort=-filing_date) owners this quarter. View all
`
`PTAB cases on the Portal (https://portal.unifiedpatents.com/ptab/analytics/case-
`
`level/top-parties?filing_date=2020-01-01--2020-03-31&sort=-filing_date).
`
`Definitions
`
`Sectors
`
`High-Tech = Technologies relating to Software, Hardware, and Networking
`
`Medical = Technologies relating to Pharmaceuticals, Medical Devices, Health Related
`
`Technologies
`
`Other = Technologies relating to Mechanical, Packaged Goods, Sporting Equipment
`
`and any other area outside of high-tech and medical patents.
`
`Entities
`
`Non Practicing Entity (NPE) = Company which derives the majority of its total revenue
`
`from Patent Licensing activities.
`
`Operating Company or Op. Co. = Company which derives most of its total revenue
`
`from Product Sales or Services. Could be an SME or a large company.
`
`Other Entity = Universities / Non-Profits / Government / Non-Governmental
`
`Organizations (NGOs)
`
`NPE (Patent Assertion Entities) = Entity whose primary activity is licensing patents and
`
`acquired most of its patents from another entity
`
`NPE (Small Company) = Entity whose original activity was providing products and
`
`services, but now is primarily focused on monetizing its own patent portfolio.
`
`NPE (Individual) = Entity owned or controlled by an individual inventor who is primarily
`
`focused on monetizing inventions patents by that individual inventor.
`
`Venues
`
`CACD = Central District of California
`
`CAND = Northern District of California
`
`DED = Delaware
`
`NJD = New Jersey
`
`https://www.unifiedpatents.com/insights/2020/18/q1-2020-patent-dispute-report
`
`DISH Ex. 1021, p. 7
` DISH v. BBiTV
` IPR2020-01280
`Page 7 of 8
`
`

`

`NDIL — Northern District of lIIinois
`
`SDNY — Southern District of New York
`
`'I’XED — Eastern District of Texas
`
`Ql 2020 Patent Dispute Report — Unified Patents
`
`YXWD — Western District ofTexas
`
`Methodology
`This report includes all District Court and PTAB litigations between January 1. 2015 and
`March 31. 2020.
`
`Total number of reported cases can vary based on what is included. Unified made its
`best attempt to eliminate mistaken. duplicative. or changes in venue filings. hence the
`totals mayr varyr slightly.r compared to other reporting entities. Statistics include
`litigations initiated by NPEs or Declaratory Judgments [DJs} initiated by operating
`companies against NPES.
`
`Unified strives to accurately identifyr NPEs through all available means. such as court
`filings. public documents. and product documentation.
`
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`
`DISH Ex. 1021, p.
`DISH v. BBi V
`
`|PR2020-012
`
`Page 8 of 8
`
`