What Happened
Patent litigation filings remain steady at around 4,000-4,500 cases per year. NPEs (non-practicing entities, sometimes called "patent trolls") account for about 40-50% of filings. Technology areas shift with the market—currently hot: AI, electric vehicles, 5G, and biotech.
Why It Matters
Venue concentration continues. Waco, Delaware, and the Eastern District of Texas remain the top three districts. Waco's popularity has moderated slightly under Federal Circuit scrutiny, but it's still a top choice for patent owners.
PTAB challenges remain common in litigation. About 60-65% of IPR petitions get instituted, and when they do, over 80% result in at least some claims being cancelled. For defendants, PTAB is often a better bet than district court for validity challenges.
Settlement rates remain high—over 95% of cases settle before trial. But the path to settlement varies. Some cases settle early, before significant costs are incurred. Others settle on the courthouse steps after years of litigation.
Damages awards vary widely by technology and venue. But apportionment requirements continue to limit damages to the value of the patented invention, not the entire product (unless the patent drives demand for the whole thing).
What You Should Know
If you're facing patent litigation, expect a PTAB challenge to be part of the strategy. File early—you only have one year from being served.
Choose venue carefully if you're filing. Consider transfer risk, judge assignment, and local rules.
Budget for litigation but plan for settlement. Most cases resolve before trial, but you need resources to get there.
The landscape isn't dramatically different from recent years, but the details keep evolving.