DATA: PTAB PETITIONERS, PATENT OWNERS AND LAW FIRMS IN THE FIRST - PDF document

PTAB 2015 STATISTICS A special reprint for Finnegan, Henderson, Farabow, Garrett & Dunner, LLP DATA: PTAB PETITIONERS, PATENT OWNERS AND LAW FIRMS IN THE FIRST HALF OF 2015 20 July 2015 | Michael Loney, New York Managing IP analyses the busiest companies and law firms at the Patent Trial and Appeal Board so far this year, using Docket Navigator. The first half was notable for petitions from automotive companies and the Coalition for Affordable Drugs, while an Acacia Research subsidiary was the most targeted entity Managing IP used Docket Navigator to conduct an analysis of Patent Trial and Appeal Board (PTAB) petitions filed in the first half of 2015 to reveal the most-active companies and people at the PTAB. Sometimes more than one company is listed on a petition. We have counted these companies separately if they are from different organisations. However, we have counted different subsidiaries of the same company on the same petition only once where we could. For example, a petition that lists both Samsung Electronics America and Samsung Electronics Co on the same petition would be counted only once under "Samsung". Apple keeps hold of top spot Apple filed the most PTAB petitions in the first half of 2015. The technology company has been the biggest filer of petitions since they became available in 2012. It filed the most petitions in the whole of 2014, with 86. Its 69 petitions in the first half of the year means it is filing at an even quicker pace than it did last year. Fifty-five of these petitions were for inter partes review (IPR) and 14 of them were for covered business method (CBM) reviews. Samsung, in second place for number of PTAB petitions in the first half of 2015, has also been filing at a quicker rate than last year. Its 53 petitions filed in the first half of this year compares with 61 in the whole of last year. In contrast Google, in third place for petitions filed in the first half of 2015, is filing at a slightly slower rate than it was in the whole of 2014. In the first half of this year it filed 27 petitions – 20 IPRs and seven CBMs. It filed 61 PTAB petitions in the whole of 2014. 1 MANAGINGIP.COM JULY 2015

PTAB 2015 STATISTICS Only these top three PTAB petitioners in the first half of 2015 filed more than 20 petitions. However, the petitions filed in the first half were notable for two developments. One was the prominence of automotive-related petitions. TRW filed 19 petitions, Ford filed 18, Toyota, Daimler and Mercedes-Benz each were on 16 petitions, while Fiat filed eight, and Volkswagon filed five. Automotive companies have stepped up their use of the PTAB in response to an increase in patent litigation in their industry from non-practicing entities . In contrast, in the whole of 2014, Ford filed 17 petitions, Mercedes-Benz 15, Honda 14, TRW 13 and Nissan 11. The second trend was the attempt by the Coalition for Affordable Drugs, which had never filed any PTAB petitions before January this year, to get pharmaceutical compani es’ patents invalidated at the PTAB. The coalition – which is backed by Kyle Bass’s Hayman Capital hedge Fund, Erich Spangenberg’s nXn Partnersm, and IP Nav – filed 16 petitions in the first half . The most targeted companies The most targeted entity in the first half was Innovative Display Technologies, which is a subsidiary of Acacia Research. Seventeen IPRs were filed by Mercedes-Benz, BMW, Toyota, Volkswagon, Sony and Koito Manufacturing challenging Innovative Display patents. Twenty-two IPRs were filed against patents held by Innovative Display Technologies in 2014. Magna Electronics was the second most-targeted patent owner in the first half. It had 23 IPR petitions filed against its patents – 19 filed by TRW and four by Valeo North America. The third-most targeted company was Smartflash. Seventeen CBMs were filed challenging patents it owns – 11 by Apple, five by Google and one by Samsung. The busiest law firms for PTAB work Finnegan Henderson Farabow Garrett & Dunner was the busiest law firm at the PTAB in the first half, topping the lists for work for both petitioners and patent owners. It filed 64 petitions on behalf of patents owners, while representing patent owners in 47 petitions filed this year. Fish & Richardson was in second place for both patent owners and petitioners. It filed 58 petitions on behalf of patent owners, and represented patent owners in 33 petitions filed this year. Sterne Kessler was in third place for both patent owners and petitioners, filing 49 petitions and representing patent owners on 31 petitions. 2 MANAGINGIP.COM JULY 2015

PTAB 2015 STATISTICS PETITIONERS NAMED IN AT LEAST FIVE FILINGS JANUARY-JUNE 2015, INCLUDES IPR, CBM, AND PGR Petitioner Count Apple Inc. 67 Samsung 53 Google Inc. 27 Sony Corporation 19 TRW Automotive US LLC 19 Ford Motor Company 18 LG Electronics, Inc. 18 Coalition for Affordable Drugs 16 Daimler 16 Hayman Capital 16 IP Nav 16 Mercedes-Benz 16 nXn Partners, LLC 16 Toyota Motor Corporation 16 Toshiba Corporation 15 American Megatrends, Inc. 14 GIGA-BYTE Technology Co., Ltd. 14 Microsoft Corporation 14 Micro-Star International Co. Ltd. 14 ServiceNow, Inc. 14 Verizon 13 Global Tel*Link Corporation 10 NVIDIA Corporation 10 3 MANAGINGIP.COM JULY 2015

PTAB 2015 STATISTICS Praxair, Inc. 10 Stryker Corporation 10 Cisco Systems, Inc. 9 Cox Communications, Inc. 9 Funai Corporation, Inc. 9 P&F USA, Inc. 9 Unified Patents, Inc. 9 Acxiom Corporation 8 Amazon.com 8 Apotex Inc. 8 ASML 8 Ethicon, Inc. 8 Excelitas Technologies Corp. 8 Fiat Chrysler Automobiles 8 Johnson & Johnson 8 Kingbright Corp. 8 Mylan Inc. 8 Nokia (Microsoft Mobile, Inc.) 8 Par Pharmaceutical, Inc. 8 PNC Bank, NA 8 Qioptiq Photonics 8 Robert Bosch LLC 8 SunLED Corp. 8 Sunscreen Company Limited 8 SunTrust Bank 8 Twitter, Inc. 8 ZTE Corporation 8 Arista Networks, Inc. 7 4 MANAGINGIP.COM JULY 2015

PTAB 2015 STATISTICS Dell Inc. 7 Gerber Life Insurance Company 7 Honeywell International Inc. 7 HTC Corporation 7 Kapsch TrafficCom 7 Motorola Mobility LLC 7 Terremark North America LLC 7 Wangs Alliance Corporation d/b/a WAC Lighting Co. 7 Amneal Pharmaceuticals Co. 6 AT&T Corp. 6 Avaya Inc. 6 Bungie, Inc. 6 CaptionCall, LLC 6 Dropcam, Inc. 6 Hilti, Inc. 6 iControl Networks, Inc. 6 MapMyFitness, Inc. 6 Nest Labs, Inc. 6 Oracle Corporation 6 Sorenson Communications, Inc. 6 Time Warner Cable 6 Under Armour, Inc. 6 10X Genomics, Inc. 5 Air Liquide 5 American Express Company 5 FedEx Corporation 5 Globus Medical, Inc. 5 Lupin Pharmaceuticals, Inc. 5 5 MANAGINGIP.COM JULY 2015

PTAB 2015 STATISTICS Medtronic, Inc. 5 Mitek Systems, Inc. 5 NetApp Inc. 5 NJOY, Inc. 5 Sophos Inc. 5 Volkswagen 5 Source: Docket Navigator PATENT OWNERS NAMED IN AT LEAST FIVE FILINGS JANUARY-JUNE 2015, INCLUDES IPR, CBM, AND PGR Patent owner Count Innovative Display Technologies 29 Magna Electronics, Inc. 23 Smartflash LLC 17 Paice LLC 15 The Abell Foundation, Inc. 15 Kinglite Holdings, Inc. 14 Signal IP, Inc. 14 VirnetX Inc. 14 Golden Wave Partners Co., Ltd. 13 Global Touch Solutions, LLC 13 ZiiLABS Inc., Ltd. 12 Cree, Inc. 11 Crossroads Systems Inc. 11 Gold Charm 11 Straight Path IP Group, Inc. 11 BASF Corporation 10 6 MANAGINGIP.COM JULY 2015

PTAB 2015 STATISTICS Hewlett-Packard Company 10 Ikaria, Inc. 10 Philips 10 Samsung 10 Securus Technologies, Inc. 10 Summit 6 LLC 10 Bonutti Research, Inc. 9 Joao Control & Monitoring Systems, LLC 9 Milwaukee Electric Tool Corporation 9 Ameranth, Inc. 8 Certified Measurement LLC 8 Energetiq Technology, Inc. 8 Karl Storz Endoscopy-America, Inc. 8 LPL Licensing, LLC 8 Metco Battery Technologies, LLC 8 Parus Holdings, Inc. 8 Phoenix Licensing, LLC 8 Rothschild Mobile Imaging Innovations, LLC 8 Techtronic Industries Co., Ltd. 8 AC (Macao Commercial Offshore) Limited 7 Allergan, Inc. 7 Cisco Systems, Inc. 7 e.Digital Corporation 7 e-Watch, Inc. 7 Fontem Holdings 1 BV 7 Honeywell International Inc. 7 Inventor Holdings, LLC 7 Jacobs Vehicle Systems, Inc. 7 7 MANAGINGIP.COM JULY 2015

PTAB 2015 STATISTICS Jazz Pharmaceuticals, Inc. 7 Neology, Inc. 7 Orbital Australia Pty Ltd f/k/a/ Orbital Engine Company (Australia) Pty. Ltd. 7 Senju Pharmaceutical Co., Ltd. 7 SMARTRAC NV 7 Adidas 6 Bausch & Lomb Incorporated 6 Baxter International Inc. 6 Capella Photonics, Inc. 6 CapTel, Inc. 6 Cresta Technology Corporation 6 Intellectual Ventures 6 NVIDIA Corporation 6 NXP Semiconductors 6 Orbital Fluid Technologies, Inc. 6 Patent Properties, LLC 6 SimpleAir, Inc. 6 Ultratec, Inc. 6 Worlds, Inc. 6 At Home Bondholders' Liquidating Trust 5 Celgene Corporation 5 Horizon Pharma, Inc. 5 IXI Mobile 5 Mondis Technology Ltd. 5 Parthenon Unified Memory Architecture LLC 5 Praxair, Inc. 5 RainDance Technologies, Inc. 5 Spherix Incorporated 5 8 MANAGINGIP.COM JULY 2015