The U.S. District Court for the District of Delaware saw 688 patent cases filed in 2023, according to data from Justia, illustrating the significant volume of intellectual property disputes currently navigating the federal court system.
Over the past two decades, the number of intellectual property cases filed in U.S. Courts has risen substantially, though patent infringement filings have begun to decline after a peak in the early 2010s. Copyright and trademark filings have shown more stability, according to data released by the U.S. Courts.
Federal courts maintain exclusive jurisdiction over intellectual property disputes, a framework established under 28 U.S.C. 1338. This centralization aims to ensure consistent rulings on matters of patents, copyrights, trademarks, and plant variety protections. Patent disputes, in particular, are handled exclusively at the federal level, with the U.S. Court of Appeals for the Federal Circuit serving as the primary appellate court.
The Intellectual Property Section within the Civil Division of the Department of Justice plays a key role in these disputes, representing the United States in cases involving patents, copyrights, trademarks, and trade secrets. Attorneys assigned to the section are required to have a degree in a physical science or engineering field and be eligible for admission to practice before the United States Patent and Trademark Office in patent matters. Approximately half of the section’s attorneys are members of the U.S. Patent and Trademark bar.
A significant portion of the Intellectual Property Section’s function involves litigation, specifically defending the government in suits brought under Title 28, section 1498 of the United States Code. This statute allows patent and copyright owners to seek redress for alleged manufacture or use of patented inventions, or infringement of copyrights, by government agencies and, in some instances, government contractors. Remedies under this statute are limited to monetary damages.
The IP Section also defends against similar suits arising under the Foreign Assistance Act, the Tariff Act, and the Atomic Energy Act, addressing infringement related to materials provided to foreign governments, imported products, and disclosures of restricted information contained in patent applications, respectively.
The America Invents Act of 2011 introduced new mechanisms for challenging patent validity, including inter partes review (IPR) and post-grant review (PGR), which are handled by the U.S. Patent and Trademark Office. These proceedings allow for reassessment of a patent’s validity outside of traditional district court litigation.
The U.S. Courts Data and Analysis Office has noted that while overall IP case filings have increased, the trends vary by type of intellectual property claim. The framers of the U.S. Constitution recognized the importance of intellectual property rights, establishing them in Article I, Section 8, to promote innovation and economic growth.
