New Clarivate Report Reveals that the U.S., Germany and Mainland China have the most Non-Practicing Entity Litigation

For this report, NPE is defined as an independent legal organization which owns or benefits from patent rights but does not sell or manufacture goods or provide goods-related services. Using the Clarivate Darts-ip^TM database of patent case law, this report showed that among the countries and regions where most of infringement cases are filed by NPEs between 2018-2023, the U.S. accounts for 97.2% of the total, while Germany and Mainland China count for 1.8% and 0.4% respectively. However, the growth momentum differs in the top three countries when comparing 2012-2017 to 2018-2023. There was a 43% decrease in the number of U.S. NPE infringement cases, while the number in Mainland China increased 600% and Germany saw a strong decline starting in 2018.

This report showed that during 2012-2017, there was an undeniable trend of increasing patent validity challenges overall and of patent validity challenges filed against NPEs worldwide. While overall patent validity challenges slightly increased during 2018-2023, the number of patent validity challenges filed against NPEs worldwide slightly decreased.

Francois Neuville, Senior Vice President, Brand IP, Clarivate, said, "NPEs should now be considered as part of the patent ecosystem. These entities seek out courts where they can further monetize the value of their IP assets, using litigation as both leverage and means. As NPE litigation continues to evolve worldwide, analyzing trends using enriched data and insights can help support informed decisions for the future."

Other key findings in the report include:

Learn more about NPE litigation worldwide trends here.

Methodology
For this report, we consider NPEs to be independent organizations (legal entities) which own or benefit from patent rights but do not sell or manufacture goods or services associated with them (i.e., non-operating companies) and which have an active (offensive) assertion or litigation role as plaintiffs towards the enforcement of their patent rights. Read our full methodology here.

About Clarivate
Clarivate™ is a leading global provider of transformative intelligence. We offer enriched data, insights & analytics, workflow solutions and expert services in the areas of Academia & Government, Intellectual Property and Life Sciences & Healthcare. For more information, please visit www.clarivate.com

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