PTAB Litigation 2024: Discover the Top Firms Representing Patent Owners and Petitioners
Recently launched, Patexia’s 2024 PTAB Intelligence Report provides a detailed analysis of the latest trends and developments in the Patent Trial and Appeal Board (PTAB). It provides a clear overview of performance across the board, helping stakeholders understand the competitive dynamics within the PTAB.
This report offers in-depth insights into filing trends, the distribution of various types of proceedings, and the roles of both patent owners and petitioners. In this article, we will explore the representation of law firms within this complex landscape.
From July 1, 2019, to June 30, 2024, a total of 911 law firms have actively represented patent owners and petitioners. Among these, 456 firms focused on petitioners, while 757 firms represented patent owners, with several firms active on both fronts.
Fish & Richardson emerges as the most active firm overall, handling a total of 825 cases—596 for petitioners and 230 for patent owners. This solidifies its position as the leading firm for petitioners. On the patent owner side, Russ August & Kabat leads with 303 proceedings out of 307, demonstrating a solid commitment to advocating for its clients.
In terms of performance, Carter Arnett stands out as the top-performing firm overall, boasting an impressive performance score of 94.69%, followed closely by Dorsey & Whitney LLP, which scored 94.67%.
Other distinguished firms have also shown remarkable activity and effectiveness:
| Overall Activity Rank | ||||
|---|---|---|---|---|
| Rank | Law Firm | All Cases | Patent Owner Cases | Petitioner Cases |
| 1 | Fish & Richardson | 825 | 230 | 596 |
| 2 | Finnegan, Henderson, Farabow, Garrett & Dunner | 518 | 150 | 368 |
| 3 | Perkins Coie | 322 | 77 | 245 |
| 4 | Baker Botts LLP | 329 | 114 | 215 |
| 5 | Russ August & Kabat | 307 | 303 | 5 |
| 6 | Sterne, Kessler, Goldstein & Fox | 362 | 186 | 176 |
| 7 | McKool Smith | 266 | 222 | 44 |
| 8 | Quinn Emanuel Urquhart & Sullivan | 280 | 114 | 166 |
| 9 | Haynes and Boone, LLP | 276 | 47 | 229 |
| 10 | Paul Hastings | 278 | 42 | 236 |
| 16 | Erise IP P.A. | 197 | 19 | 178 |
| 18 | Alston & Bird | 203 | 73 | 130 |
| 19 | Knobbe Martens | 196 | 95 | 101 |
| 20 | Wolf, Greenfield & Sacks | 173 | 55 | 120 |
| 22 | Wilson Sonsini Goodrich & Rosati | 176 | 91 | 85 |
| 30 | Kilpatrick Townsend & Stockton | 148 | 63 | 85 |
| 38 | Greenberg Traurig LLP | 125 | 36 | 89 |
| 43 | Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. | 96 | 78 | 18 |
| 89 | PV Law LLP | 42 | 15 | 27 |
| Overall Performance Rank | ||
|---|---|---|
| Rank | Law Firm | Overall Performance Score |
| 1 | Carter Arnett | 94.69% |
| 2 | Dorsey & Whitney LLP | 94.67% |
| 3 | Hudnell Law Group | 94.13% |
| 4 | Armond Wilson LLP | 93.18% |
| 5 | Holland & Knight | 92.94% |
| 6 | Dechert | 92.68% |
| 7 | Reed Smith | 92.67% |
| 8 | Baker Botts LLP | 92.43% |
| 9 | Cooley LLP | 92.24% |
| 10 | Fish & Richardson | 92.04% |
| 11 | Norton Rose Fulbright | 91.77% |
| 12 | Smith Baluch | 91.55% |
| 16 | Lowenstein & Weatherwax | 90.62% |
| 33 | White & Case | 88.14% |
| 44 | Carlson Caspers Vandenburgh & Lindquist, PA. | 87.72% |
| 46 | Bunsow De Mory | 87.58% |
| 58 | Maschoff Brennan Gilmore Israelsen & Mauriel LLP | 86.03% |
These firms are not only the most active but also demonstrate exceptional performance in PTAB proceedings. Their expertise will be vital as the landscape continues to evolve.
Year-over-Year Comparison of PTAB Filings
Our report also highlights key trends in IPR and PGR filings over the past five years. IPR filings peaked in 2020 with 1,443 proceedings, but have gradually declined to 1,157 filings in 2023. However, the first half of 2024 suggests stability, with 638 filings already, nearly matching the mid-year total of 2023.
PGR filings have fluctuated significantly, experiencing an 86% increase from 2019 to 2020, followed by a decline to 34 filings in 2023. These trends reflect strategic shifts as companies increasingly leverage PTAB to challenge patents effectively.
Additionally, no new CBM filings have occurred since September 2020 due to the expiration of the CBM review program, and DER proceedings continue to see minimal activity.
Shifts in Representation
Another noteworthy trend is the increasing specialization among law firms in specific technology sectors. Many firms are adapting their practices to focus on areas such as biotechnology, software, and telecommunications. This specialization enables them to tailor strategies to address the unique challenges of these sectors.
By honing in on specific areas, firms enhance their expertise and improve their ability to navigate the complexities of PTAB proceedings effectively. This targeted approach is essential for achieving favorable outcomes in increasingly competitive and technologically advanced environments.
As this trend continues, we can expect further refinement in the strategies employed by firms, highlighting the importance of industry knowledge in successfully managing patent disputes at PTAB.
Ranking Methodology
Our ranking methodology delivers an objective, data-driven evaluation of the activity and performance of all participants in PTAB proceedings. We analyze various factors, including outcomes and the roles of both petitioners and patent owners, to calculate scores that reflect each party's involvement and effectiveness.
These scores are generated using advanced computational techniques, including machine learning algorithms, which allow us to isolate individual contributions and account for external variables. Each participant is then ranked according to these scores, enabling us to create comprehensive rankings for petitioners, patent owners, law firms, and attorneys.
This methodology ensures our rankings accurately represent both activity levels and success rates, offering valuable insights into the key players and their influence on PTAB proceedings.
To dive into these trends and see how the landscape of PTAB litigation is evolving, be sure to download your copy of the 2024 PTAB Intelligence Report now.