ASSOCIATION OF CORPORATE COUNSEL LITIGATION COMMITTEE APRIL 25, 2017 TRENDS IN IP DISPUTES DAVID YURKERWICH MANAGING DIRECTOR IP PRACTICE LEADER 1
AGENDA Patent infringement and IPR filing trends Operating Companies in infringement cases Counterparties to Operating companies ND California New damage rules 2
PATENT INFRINGEMENT AND IPR FILING TRENDS 3
DISTRICT COURT AND IPR FILINGS Source: Patexia 4
DISTRICT COURT FILINGS Source: Patexia 5
IPR FILINGS Source: Patexia 6
OPERATING COMPANIES IN INFRINGEMENT CASES 7
OPERATING COMPANIES IN MORE THAN 7 NEW CASES 1/1/16 TO 3/31/17 8
CASES FILED BY DISTRICT 9
COMPUTERS AND DEVICES 10
BRANDED PHARMACEUTICALS Company Category Plaintiff Defendant Total sanofi aventis US LLC Pharmaceuticals Branded 31 0 31 Eli Lilly and Company Pharmaceuticals Branded 29 0 29 Genzyme Corporation Pharmaceuticals Branded 28 0 28 Otsuka Pharmaceutical Co., Ltd. Pharmaceuticals Branded 19 0 19 Amgen Inc. Pharmaceuticals Branded 16 2 18 AstraZeneca AB Pharmaceuticals Branded 16 1 17 Pfizer Inc. Pharmaceuticals Branded 11 3 14 Astellas Pharma Inc. Pharmaceuticals Branded 11 0 11 Alcon Research, Ltd. Pharmaceuticals Branded 10 2 12 Horizon Pharma USA, Inc. Pharmaceuticals Branded 11 0 11 Merck Sharp & Dohme Corp. Pharmaceuticals Branded 7 2 9 11
GENERIC PHARMACEUTICALS 12
SOFTWARE / E-COMMERCE 13
TELECOMMUNICATIONS AND WEARABLES 14
ALL OTHER Company Category Plaintiff Defendant Total Whirlpool Corporation All Other 28 2 30 Lighting Science Group Corporation All Other 18 0 18 Broadcom Corporation All Other 8 8 16 Nichia Corporation All Other 13 0 13 O.F. Mossberg & Sons, Inc. All Other 13 0 13 Intel Corporation All Other 1 11 12 Interlink Products International, Inc. All Other 11 0 11 Ninebot (Tianjin) Technology Co., Ltd. All Other 9 2 11 Segway Inc. All Other 9 2 11 Akeso Health Sciences, LLC All Other 9 2 11 PetEdge, Inc. All Other 7 1 8 Boston Scientific Corporation All Other 5 3 8 Galderma Laboratories, LP All Other 8 0 8 BMW of North America, LLC All Other 2 6 8 15
COUNTER PARTIES TO OPERATING COMPANIES 16
COUNTER PARTIES TO 100 OPERATING COMPANIES WITH MORE THAN 6 CASES FILED 17
ND CALIFORNIA NEW DAMAGE RULES 18
THE NORTHERN DISTRICT AMENDS ITS LOCAL RULES- TO REQUIRE EARLY DAMAGES-RELATED DISCLOSURES http://blogs.orrick.com/norcal-ip/2017/02/09/full-disclosure-the-northern-district-amends-its-local-rules-to-require-early-damages-related-disclosures/ 19
DAVID YURKERWICH Managing Director and the Leader of the Navigant s Intellectual Property team. Operates from offices in New York, San Francisco and Germany. Navigant IP s team of seasoned experts assist clients with IP strategy, transactions and disputes. They combine timely competitive data with analytical tools to deliver sound valuations and practical business solutions. David works closely with inventors, owners and attorneys to assess patentability and markets for technologies to build and maintain competitive patent portfolios. He actively negotiates IP based transactions and structures and manages joint development, and licensing activities. David has provided expert valuation testimony in over 90 matters involving IP and other disputes in a broad range of technologies and markets. David has been recognized by his peer group as one of the IAM Strategy 300 The World s Leading IP Strategists since its inception in 2008. david.yurkerwich@navigant.com +1 917-860-5151 20