Rockstar Consortium US LP et al v. Google Inc

Filing 19

Additional Attachments to Main Document: 18 MOTION to Change Venue .. (Attachments: # 1 Exhibit 25, # 2 Exhibit 26, # 3 Exhibit 27, # 4 Exhibit 28, # 5 Exhibit 29, # 6 Exhibit 30, # 7 Exhibit 31, # 8 Exhibit 32, # 9 Exhibit 33, # 10 Exhibit 34, # 11 Exhibit 35, # 12 Exhibit 36, # 13 Exhibit 37, # 14 Exhibit 38, # 15 Exhibit 39, # 16 Exhibit 40, # 17 Exhibit 41, # 18 Exhibit 42, # 19 Exhibit 43, # 20 Exhibit 44)(Mann, James)

EXHIBIT 44

2013 Patent Litigation Study
Big cases maize headlines, while
patent cases proliferate
1995- 2012

pwc

Table of contents

Introduction

3

Sun unary of key observations

5
6
7
7

Patent actions rise dramatically, set record high
Median damages award declines
NPE awards outpace practicing entities
The largest historical awards have rarely been upheld
Jury tlials are favored overall
Patentees still winning with juries, and increasingly with bench
NPEs look to juries more often
However, discrepancy in use of juries has slu·unk
Median jury awards substantially outpace the bench
Reasonable royalties are the most prevalent damages
Assessing success rate factors
Success rates: up for practicing entities, down for NPEs
Trial success rates: diverging results
Sununary judgment in1pact on NPEs
Consumer products technology leads in decisions
Bioteclmology and information teclmology cases on the rise
Median damages largest in teleconmmnications industry
NPE versus practicing entity damages vary widely by industry
Success rates by industry
Practicing entity versus NPE success rates by industly
Teleconununications and computer hardware/ electronics
industl·ies lead in jury use
Majority of patent cases reach t~·ial within three years
Median time-to-tlial: approximately 2.5 years
Median damages rise with time-to-tl·ial
Virginia Eastern, Wisconsin Western speediest in time-to-tl·ial
Certain districts are more favorable to patent holders
Federal district courts with most NPE cases
Practicing entities and NPEs by the numbers
NPEs see variety in median dan1ages and success rates
Individual NPEs experience lower success rates
Vast majority ofNPE litigation involves company and individual NPEs
ANDA litigation ti·ends upward
New Jersey and Delaware are favored ANDA distlicts
Historical ANDA success rates have varied significantly
Top ANDA litigants
Statistics by judge
Sunm1ary judgment statistics by judge

32

OUr methodology

34

OUr autltors

35
2013 Patent Litigation Study

8

9
9
10
10
10
11

12
12
12
13
13
14
15

16
17
18

19
20

21
22
22

23
24
25

26
26
27
27
28
28

29
30

PwC

1

Median damages
rise with
time-to-trial

Virginia Eastern,
Wisconsin Western
speediest in time-to-trial

Chart 7c

Chart 7d

Chart 7c reflects the direct relationship Since 1995, significant variations have
occurred in the median time-to-trial
between the median damages award
and the number of years to trial.
across jurisdictions. To assess the
Several factors might influence this
lead time, we focused on the most
active districts. Chart 7d summarizes
relationship. Cases involving higher
the median time-to-trial among
potential damages awards are more
complex and, thus, take longer to
these courts from 1995 to 2012. As
reach trial. Also, increased time-to-trial indicated, the Virginia Eastern and
Wisconsin Western districts boast
provides a longer period over which
sales can occur, thereby increasing the
potential damages base.

Chart 7c. Median damages based on
time-to-trial: 1995-2012

Chart 7d. Median time-to-trial by district from 1995-2012

$20
$18

District
Virginia Eastern

22

0.97

Wisconsin Western

10

1.07

3

Florida M iddle

4

Delaware

5

~ $14

<0

u

c

<0

'g
~

$8.2

$8
$6
$4
$2
$0

$3.6

I

0-2

Texas Southern

11

2.00

Texas Eastern

85

2.19

California Central

29

2.34

Texas Northern

18

2.42

9

~ $10

1.94

8

&

1.74

7

$12

15
113

6

~

c

Total # of identified
decisions with
time-to-trial data

2

$16

~

the shortest time-to-trial, which has
been significantly lower than the next
district or the median. The fastest five
districts and overall median time-totrial have remained consistent from
our last study.

Florida Southern

15

2.50

Minnesota

12

2.66

10
11

2-4

4+

New Jersey

27

2.70

12

California Northern

39

2.72

13

New York Southern

36

2.95

14
Time-to-trial in years
Median damages are adjusted fOC' Inflation and represented
In 2012 US dollars.
The number of Identified decisions Is Indicated within the
respective column.

22

PwC

2013 Patent Litigation Study

Massachusetts

25

3.63

15

Illinois Northern

35

3.67

685

2.35

Overall (all decis ions ident if ied)

Includes only the 15 most active districts for which tlme·tO·trlal data was available.