England: Patent litigation statistics for 2011 and 2012

By Neil Jenkins, Trevor Cook


As in previous updates, we have summarised in the tables below the outcome of the decisions from the first instance and appeal courts for 2011 and 2012.

The decisions illustrate two features of patent litigation before the English courts: first the speed with which cases are dealt with both at first instance but especially on appeal; and second, the small percentage of first instance decisions which are overturned on appeal.

It is also notable that decisions were handed down by HHJ Birss QC in the first four patent cases to reach a full trial in the PCC. Those cases are reviewed separately in more detail in the links below.

Click here to view all patent litigation statistics for 2011 (pdf) >

Click here to view all patent litigation statistics for 2012 (pdf) >


Other items in the Patents Update newsletter for January 2013:

> China: Two recent Supreme Court decisions open up greater possibilities for amendment of Chinese patents

> England: The Patent Box

> England: The PCC - A review of the first four patent cases to come to trial in the PCC

> EU: Unitary Patent Regulation and Unified Patent Court Agreement; An update

> Germany: "Customary usage in the trade" gains importance in determining infringement in repair/reconstruction cases

> Germany: Stay of first instance infringement decisions in standard essential patent actions

> Holland: Cross-border patent litigation revival 'Solvay vs Honeywell'

> Spain: Some interesting peculiarities of Spanish Utility Models

> England: The Patents Court exercises its jurisdiction to grant a pan-European declaration of non-infringement