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Patent Lawsuits and Damages on the Rise in US

World Intellectual Property Review

15 Mar 2021

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.

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