Richard S.J. Hung spoke to the World Intellectual Property Review about the rise in U.S. patent lawsuits in 2020, a first since 2015, largely driven by a small number of high-volume litigants.
According to Richard, the increase was a symptom of patentees’ increased optimism that their patents will survive Section 101 challenges – or at least an early motion to dismiss – post-Berkheimer.
“Until the Federal Circuit and Supreme Court provide further clarity on patent eligibility under Section 101, the trend is likely to continue,” Richard said.
