Intangible assets now make up over 90% of S&P 500 market value, a dramatic shift from 1975, when physical assets like factories and equipment dominated. In “Five Trends Shaping the Patent Litigation Landscape,” Shane Oka outlines the key points from Cornerstone Research’s report “Intellectual Property Litigation: U.S. Trends in Global Perspective.”
Key Trends
- Volume Is Surging—and Diversifying: U.S. IP filings jumped from under 3,000 a year in the mid-2000s to nearly 19,000 by 2025, spreading well beyond patents into copyrights, trademarks, and trade secrets.
- A Multi-Jurisdictional Chess Match: Litigants now shop venues by goal: the U.S. for damages, Europe/UPC for fast injunctions, the UK for FRAND rates, and China for SEP coordination and anti-suit injunctions.
- The Strategic Pivot to Trade Secrets: Trade secret litigation has surged since 2022, as AI and manufacturing firms favor confidentiality over patent disclosure.
- Generative AI Is Blurring IP Boundaries: AI-related copyright filings jumped from 16 cases in 2023 to 70 in 2025, as courts tackle new ownership and licensing questions.
- Blockbuster Damages, High Volatility: Median awards stay modest, but a few verdicts top $300 million, concentrated in tech, semiconductors, and life sciences.
Conclusion
IP strategy has gone global and multi-front. The key question for businesses is no longer just “what do we own?” but how to navigate an increasingly volatile, interconnected legal landscape.
This was originally published by The Global IP Magazine in July 2029.
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