Choosing the right venue in which to bring your IP dispute can be just as important as choosing the right IP to assert. Different venues have different advantages (and disadvantages). There are many factors to consider in determining where to bring an enforcement action. Comparing the assertion rates of different types of IP across different venues can provide insight into the venues that have historically been popular for different types of IP.
This article will review assertion rate data of three different types of IP — utility patents, trademarks, and design patents — across two popular venues — federal district courts and the International Trade Commission (ITC). We will combine this data with our own insights to propose reasons for the differences in IP assertion rates and factors that should be considered when choosing where to enforce your IP.