To identify HAEs, we begin by studying groups of related […]
To identify HAEs, we begin by studying groups of related parties (hereafter called “affiliate groups” or just “groups”). An affiliate group’s members are HAEs if the group meets at least 3 of the following criteria:
- The group has made at least 275 non-Orange Book Patent Accusations since 2012.
- The group has been a patentee in at least 30 Patent Cases since 2012.
- The group was a Patentee on non-Orange Book Patent Accusations more often than they were a Patent Challenger since 2012, at a ratio of at least 40:1
- At least one member of the group was a Patentee in 10 or more Patent Cases within a 10-day window, at least once since 2012.
- At least 5 patents asserted by the group in US District Courts have also been challenged in the Patent Trial and Appeal Board (PTAB).
Next, we break down those affiliate groups into individual parties, and the following are excluded:
- Parties who have never made a patent infringement accusation.
- Parties who have themselves been accused of patent infringement more than 10 times.