U.S. Intellectual Property Litigation Expands Amid Global Diversification and Strategic Forum Selection

Intellectual property (IP) litigation in the United States has experienced remarkable growth and diversification, reflecting broader shifts in the global economy and innovation landscape, according to a report released today by Cornerstone Research. The study, titled Intellectual Property Litigation: U.S. Trends in Global Perspective, underscores how intangible assets such as patents, software, data, and brands now constitute over 90% of the S&P 500’s market value, a dramatic reversal from 1975 when tangible assets made up 83%.

The report attributes this transformation to intensifying global competition in critical technologies over the past two decades, which has decentralized innovation across multiple regions. This diffusion has reshaped IP litigation into a strategic battleground for corporate competition and national security interests worldwide.

Kirti Gupta, Vice President and Chief Economist of Global Technology at Cornerstone Research and cohead of its IP practice, emphasized this shift: “The intensifying global competition in critical technologies over the last two decades has driven innovation to become more widely distributed. At the same time, the IP enforcement landscape has evolved significantly. Jurisdictions now compete by offering distinct strategic advantages, reshaping how disputes are litigated and influencing both legal strategy and forum selection.”

U.S. IP litigation filings have surged dramatically, rising from fewer than 3,000 annual cases in the mid-2000s to nearly 19,000 by 2025. The litigation landscape has diversified beyond patent disputes to include a balanced mix of copyright, trademark, and trade secret cases.

The report highlights a marked shift from a U.S.-centric enforcement model toward coordinated, multi-jurisdictional strategies. Legal practitioners increasingly leverage specific forums for their unique advantages: the United States for securing monetary damages, Europe—particularly Germany and the EU’s Unified Patent Court—for rapid injunctions, and the United Kingdom for global FRAND (fair, reasonable, and non-discriminatory) rate-setting.

Asia’s role in global IP has expanded significantly. Since 2005, patent grants have increased substantially, with accelerated growth in the past decade centered in Asia. China now leads global patent growth, while India has emerged as the fastest-growing major jurisdiction for patent litigation.

The digital and artificial intelligence (AI) revolution has further influenced IP litigation trends. Generative AI has triggered a surge in copyright cases—approaching 100—focused on training data and fair use issues. Concurrently, the rise of e-commerce has fueled high-volume “Schedule A” trademark and patent cases targeting extensive networks of online sellers.

Damages awarded in U.S. patent litigation have entered a new phase characterized by higher and more volatile awards. Plaintiff damages exceeded $3 billion in 2023 and have remained elevated through 2024 and 2025. This surge is driven primarily by a small number of outsized “blockbuster” verdicts, several exceeding $300 million, predominantly in technology and life sciences sectors.

Despite a relative decline in the United States’ dominance in IP enforcement compared to other jurisdictions, the country remains a critical hub. Its role has expanded beyond patent litigation to encompass trade secret, trademark, and AI-related copyright disputes.

Shane Oka, cohead of Cornerstone Research’s IP practice and coauthor of the report, noted: “While the United States’ role in IP enforcement has decreased relative to other jurisdictions, it’s still critical and has expanded beyond patent litigation to include trade secret, trademark, and AI-related copyright disputes. Meanwhile, U.S. patent litigation has become increasingly concentrated in specific technologies and strategic venues serving primarily as the global battleground for securing massive monetary damages.”

Cornerstone Research continues to provide expert analysis quantifying the value of technological innovation across complex patent, trade secret, copyright, and trademark litigation, reflecting the evolving dynamics of IP enforcement in a globalized economy.