Patent litigation in the United States is heating up again. According to the 2025 Lex Machina Patent Litigation Report, filings and damages awards have both surged to record levels. For companies protecting their innovations and the litigators representing them, these shifts reveal where the next wave of disputes is likely to land.
Below, we break down three key trends from the latest report — and what they mean for patent owners, defendants, and IP-focused businesses in 2025.
1. A Rebound Year: Filings and Damages Reach New Highs
After two years of relative decline, patent case filings jumped roughly 22% in 2024, bringing activity back in line with pre-pandemic levels. Over $4.3 billion in damages were awarded — the highest annual total ever recorded.
Several forces appear to be driving this resurgence:
- Broader plaintiff mix: More non-high-volume plaintiffs and mid-market innovators are pursuing claims.
- Growing comfort with litigation funding and value-based fee arrangements.
- Increased enforcement in design and life-sciences patents.
At Griffith Barbee, we’ve seen firsthand how this renewed activity underscores the importance of proactive portfolio planning. For smaller companies balancing protection with budget, it’s essential to understand where litigation risk is rising. Our earlier post, Optimizing Patent Portfolio Management for Small Businesses and Startups, dives deeper into practical steps to prepare portfolios before disputes emerge.
2. Specialty Growth Areas: Design Patents and ANDA Cases
The overall growth in filings isn’t uniform. Two categories — design patents and ANDA (Abbreviated New Drug Application) litigation — are fueling much of the increase.
Design Patent Litigation
Design patent suits rose by roughly 35% from 2023 to 2024, totaling over 450 new filings. Many of these cases target e-commerce counterfeiters and online sellers, with the Northern District of Illinois emerging as a preferred venue.
This rise highlights how product aesthetics and consumer-facing design are increasingly valuable IP assets. It also reflects broader technology shifts inside the USPTO. As we noted in New AI Tools Are Revolutionizing Patent Examination at the USPTO, AI-based image comparison and prior-art detection are reshaping how design applications are examined — and ultimately how they’re enforced. The litigation boom is a natural extension of that trend.
ANDA and Pharma Patent Litigation
Parallel to the design patent rise, ANDA cases under the Hatch-Waxman Act grew more than 20% year-over-year, marking the third consecutive annual increase. Generic manufacturers are pushing harder for market entry, while brand-name companies are aggressively defending their patent exclusivities.
Because ANDA litigation operates under unique procedural frameworks and damages models, these cases require specialized knowledge of both FDA and patent law. For in-house teams, this means closer coordination between regulatory and IP counsel than ever before.
3. Venue Shifts: East Texas Reclaims the Crown
One of the biggest surprises in 2025 is the return of the Eastern District of Texas (EDTX) as the nation’s top patent venue. More than 1,000 new patent suits were filed there in 2024 — twice as many as in the next-closest district.
For years, the Western District of Texas (Waco Division) and Delaware dominated post-TC Heartland venue choices. But changes in random-assignment rules in Waco and the familiar speed and predictability of EDTX have drawn plaintiffs back. Judge Gilstrap alone handled nearly 800 cases last year — far more than any other jurist.
For defendants, this means venue motions and transfer strategy are once again front-burner issues. Understanding local procedures, jury trends, and judicial preferences in EDTX is essential for crafting a cost-effective defense plan.
Practical Takeaways for Businesses and Counsel
1. Anticipate Higher Stakes
With record-setting damages and more filings, early risk assessment is critical. Litigation funders are active, and plaintiffs are testing bolder claims. Evaluate exposure before issues escalate.
2. Align Patent Strategy with Business Goals
Patent enforcement is no longer only a tech-sector issue. Design, consumer products, and biotech companies are all seeing greater litigation risk. Our post Starting a Business in 2025: 5 Ways to Protect Your Intellectual Property offers foundational steps for emerging companies looking to fortify their IP early.
3. Leverage Data and Analytics
Modern IP litigation depends on insights into judges, venues, and damages trends. Reports like Lex Machina’s and tools tracking venue-specific outcomes can help counsel forecast case length and costs.
4. Watch the AI Factor
Artificial intelligence is not only transforming patent examination but also introducing new disputes over authorship and ownership. Our analysis of How Deepfake Technology Impacts Copyright Infringement Claims illustrates how AI is already reshaping IP boundaries beyond patents.
5. Compare Damages Frameworks Across IP Types
While this report focuses on patents, damages principles in other IP areas offer valuable lessons. Our post Damages for Trademark Infringement shows how similar valuation themes play out in brand litigation — from disgorgement to statutory ceilings.
The Big Picture
Patent litigation in 2025 is defined by renewed momentum, specialization, and venue realignment. Design and ANDA cases are growing, EDTX is resurgent, and damages awards are escalating. For companies and counsel alike, the data underscores a simple truth: patent enforcement and defense are once again a core strategic concern.
Griffith Barbee’s Intellectual Property and Business Litigation team will continue tracking these developments throughout the year and sharing practical insights on how they impact Texas businesses and beyond.
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