“Understanding U.S. patent litigation requires looking past raw filing numbers to the interplay of technology, strategic enforcement and the intrinsic strength of patents.”
Patent litigation trends provide critical insights into the evolving landscape of innovation, enforcement and intellectual property strategy. Understanding these trends is essential for companies, investors, and legal professionals who seek to manage risk, protect assets and navigate a complex legal environment. In the United States, patent litigation has grown in significance due to rising enforcement activity, shifts in venue selection, and increasing involvement of so-called patent assertion entities (PAEs). Tracking these patent litigation patterns not only reveals which technologies and business models are most affected but also helps stakeholders anticipate legal challenges and make informed strategic decisions.
Industry Perspective on Litigation Trends
In a recent IPWatchdog webinar on U.S. Patent Litigation Trends 2025, nearly 500 industry professionals participated in polls to identify the most pressing challenges for 2025 and beyond. In response to the question, “Which trend will have the greatest impact on U.S. patent litigation in the coming years?”, 43% of webinar participants highlighted the growing reliance on artificial intelligence (AI) in litigation strategy, reflecting its transformative role in case preparation, risk assessment, and courtroom advocacy. The second most cited trend, at 36%, was the globalization of litigation campaigns, illustrating the complexity of cross-border enforcement in today’s interconnected markets.
A second poll focused on practical applications asking: “How does your team currently use patent data and litigation data in decision-making?”. Here 50% of respondents use patent and litigation data to forecast outcomes and assess risk, while 38% leverage it to calculate damages, FRAND rates, and patent value, underscoring the rise of data-driven decision-making in legal strategy.
When asked, “What keeps you up at night regarding patent litigation?”, 47% cited unpredictable court outcomes and damages awards, and 36% pointed to rising costs and resource strain, highlighting the persistent uncertainties and burdens of high-stakes litigation.
These insights show an industry increasingly technology-enabled and data-driven yet still navigating the inherent unpredictability and cost pressures of U.S. patent litigation.
Litigation Waves and the Importance of Context
At first glance, U.S. patent litigation appears cyclical, with case volumes rising and falling in waves year over year. After a slowdown, filings are climbing again, signalling renewed enforcement activity. However, aggregate numbers alone offer only a surface-level view, they do not reveal which technologies are central to disputes, who the plaintiffs are or how strategies vary across industries and business models. Understanding these patterns requires examining the litigated patents themselves, the technologies they represent, the products and services they protect and the entities pursuing enforcement.
A deeper look at patent quality, patent segment classification, and patent mapping to technical standards reveals why certain technologies attract more litigation, how different plaintiff types enforce their rights, and where disputes are likely to arise next. Comprehensive litigation data, including courts, outcomes, and parties involved, adds further context. This multidimensional perspective goes beyond simple case counts, providing a clearer understanding of the forces shaping U.S. patent enforcement and the strategic dynamics behind litigation trends.
Which Technologies Are Litigated Most?
When litigated patents are examined through the lens of technology domains, the largest concentration consistently appears in Information Technology, Telecommunications, and Life Sciences. These broad categories, however, only tell part of the story (figure 1).
Figure 1: U.S. Litigated Cases by Main Industry Classification, 2014-2024
By applying the LexisNexis Classification Machnine Learning algorithm to the AST (Allied Security Trust) product taxonomy, which organizes patents into 160 carefully defined product categories, a much more nuanced picture emerges. This granular mapping highlights for which product categories, litigation pressure is most acute and which technologies are drawing the greatest attention from rights holders and challengers alike (Figure 2).
Figure 2: U.S. Litigated Cases by AST Product Classification, 2014-2024
Within this framework, several product areas stand out as particularly active. Security technologies continue to lead, reflecting both the escalating importance of cybersecurity in a digital economy and the high commercial stakes associated with protecting sensitive data. Location Based Services, WLAN and Wireless Communication follow closely, encompassing patents critical to connectivity and the infrastructure that supports it. Navigation Systems also appear prominently, driven by the proliferation of services in transportation, logistics, and consumer applications. Video and Cable Infrastructure represents another heavily contested domain, mirroring the rapid evolution of media distribution networks. Finally, Audio and Video Processing technologies are frequently at the center of disputes, underscoring the competitive and fast-moving nature of digital content delivery.
Together, these findings reveal that litigation is not evenly distributed across the technological landscape. Instead, it clusters around those sectors that underpin connectivity, data management, and digital communication, areas that are both commercially valuable and strategically vital for innovation.
Where Litigation Is Growing Fastest
It is not just about where most cases occur, but where growth is accelerating and indeed data shows that some technologies are experiencing remarkable increases in litigation volume (figure 3). Virtual Reality Hardware shows 39% compound annual growth, which translates to growing the number of patent litigation cases 10x over the past 10 years. Disputes involving Audio and Music Processing are rising steadily, reflecting the competitive landscape of digital media and content platforms. Similarly, Speech Recognition technologies are drawing increased legal attention as voice-enabled applications expand across industries. Television technologies continue to generate new cases, particularly as streaming and broadcasting markets evolve. Litigation around Bluetooth and Cloud Services highlights the growing importance of connectivity and data infrastructure in modern business models. Finally, Social Media Platforms remain a focal point of patent enforcement, underscoring the value and contentiousness of innovations that shape digital communication and user engagement.
These fields are seeing significant traction, reflecting both the pace of innovation and the disputes over valuable IP rights.
Figure 3: U.S. Litigated Cases CAGR (Compound Annual Growth Rate) by AST Classification, 2014-2024
Standards-Essential Patents in the Spotlight
Mapping litigated patents to technical standards provides another layer of clarity. A recently published report “LexisNexis U.S. SEP Litigation Report 2025” provides a comprehensive view of the SEP (Standard Essential Patent) litigation landscape, detailing trends in litigated technology standards, plaintiffs, courts, and legal representation. The report considers declared patents, pooled patents but also undeclared patents that were identified through AI to understand which patents related to standards have been litigated.
The analysis reveals a clear hierarchy in contested technologies. At the forefront are Wi-Fi standards, which not only dominate the litigation landscape but even surpass the combined activity surrounding cellular standards spanning 2G through 5G (figure 4). Beyond these two pillars, patent conflicts increasingly involve Video and Audio Codec standards (e.g. HEVC, VVC, OPUS, AAC), where the demand for seamless streaming, high-quality compression, and cross-platform interoperability has fuelled enforcement. At the same time, newer fields are beginning to attract growing attention from litigants. Wireless Power Charging (Qi 1) technologies, Cellular IoT applications (e.g. NB-IoT, LTE-M or V2X), and advanced broadcasting standards (ATSC) are steadily emerging as contested areas, signalling where the next wave of litigation is likely to unfold. Together, these developments underscore the extent to which standard-essential technologies form the backbone of modern patent disputes, shaping both market dynamics and the broader innovation ecosystem.
Figure 4: U.S. SEP Litigation Cases by Standard
Crucially, enforcement patterns vary by standard. In Wi-Fi and Cellular, up to half of the plaintiffs are patent assertion entities (PAEs) or non-practicing entities (figure 5). By contrast, standards like IETF are primarily enforced by operating companies. Video standards (e.g., HEVC, VP9, AV1) again see higher activity from PAEs.
Figure 5: U.S. SEP Litigation Cases by Standard, by Plaintiff Business Model
Litigation Drivers, Key Venues, and the Role of Patent Quality
Looking at trends over time, the number of cases filed by operating companies has remained stable. The real growth comes from PAEs, whose activity has driven the overall increase patent litigation during the past three to four years. This shift underscores the strategic role of PAEs in shaping the litigation landscape.
The Eastern District of Texas remains the leading venue, still growing at about two digit CAGR year-over-year. The International Trade Commission (ITC), though structurally different from district courts, shows the fastest growth in litigation. The Western District of Texas follows closely behind, while some other courts are declining in relevance.
Beyond technology and standards, patent quality strongly influences litigation dynamics. Evidence from the LexisNexis Patent Asset Index shows that patents selected for litigation are systematically stronger than the average patent. For example, opposed patents carry substantially higher quality scores than comparable patents, highlighting that parties focus on patents with clear market and technological relevance.
Importantly, these quality scores are calculated before litigation begins, demonstrating their predictive value: stronger patents are not only more likely to be litigated or opposed, but also more likely to shape case outcomes. This underscores that intrinsic patent strength plays a key role in enforcement decisions and dispute trajectories.
Final Thoughts
U.S. patent litigation is far from evenly distributed across technologies, standards, or business models. Instead, it clusters around high-value areas such as Wi-Fi, Cellular (4g, 5G), and media technologies (HEVC/VVC, AV1, VP9, Opus, AAC), often driven by PAEs, with courts like the Eastern District of Texas serving as key battlegrounds. Data goes beyond simple patent or case counts, revealing patterns that help IP professionals identify where litigation risk is highest and which market players are most active in disputes. Quality metrics, such as the Patent Asset Index, further indicate which patents are likely to be enforced and their potential impact on outcomes. The takeaway is clear: understanding U.S. patent litigation requires looking past raw filing numbers to the interplay of technology, strategic enforcement and the intrinsic strength of patents.
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