In 2022, U.S. district courts filed 3,582 patent infringement cases and Eastern District of Texas accounted for 18% of them. Delaware led by volume with 1,028 filings, while the median time-to-trial was 2.1 years in Delaware and 1.8 years in Eastern District of Texas. Settlement rates remained dominant, with 92% of district court cases ending by settlement from 2017 to 2022.
Key Takeaways
- In 2022, 3,582 patent infringement cases were filed in U.S. district courts
- Median patent litigation cost to trial: $4M for $1-25M at risk 2022
- 92% of cases terminated by settlement in district courts 2017-2022
- Decline in NPE assertions: 18% YoY in 2022
- In 2022, Eastern District of Texas hosted 642 patent cases (18% national)
Patent litigation shows a clear pattern of higher stakes outcomes when cases proceed beyond early motions.
Related reading
01 · Category
Case Filings30 stats
01
In 2022, 3,582 patent infringement cases were filed in U.S. district courts
02
Patent filings dropped 12% from 2021 to 2022 in district courts
03
Eastern District of Texas saw 18% of all U.S. patent cases filed in 2022
04
Total patent cases filed from 2010-2022 averaged 4,200 annually
05
NPE filings accounted for 52% of patent cases in 2022
06
District of Delaware had 1,028 patent filings in 2022
07
Patent cases filed peaked at 6,497 in 2013 post-AIA
08
2023 saw 2,931 new district court patent cases through Q3
09
California Northern District filed 312 patent cases in 2022
10
From 2017-2022, filings declined 40% overall
11
Texas Western District filings rose 25% in 2022 to 245 cases
12
ITC patent investigations initiated: 62 in FY2022
13
PTAB institution filings: 1,512 IPRs in FY2022
14
Federal Circuit patent appeals filed: 1,234 in 2022
15
Software patent filings: 1,892 cases in 2022 (52% of total)
16
Biotech patent cases: 248 filings in 2022
17
2019 filings: 3,259 district court cases
18
NPEs filed 1,862 cases in 2022, down 15% YoY
19
Operating company filings: 1,720 in 2022
20
Delaware filings: 15% of national total in 2021
21
EDTX filings declined 30% post-TC Heartland in 2017
22
FY2021 PTAB trials filed: 1,838
23
2020 COVID impact: filings down 20% to 2,949
24
Telecom patent cases: 512 filings in 2022
25
Medical device patents: 189 cases filed 2022
26
Supreme Court patent cert petitions: 142 in 2022
27
CAFC original proceedings: 56 patent-related in 2022
28
ITC Section 337 filings: 71 in 2021
29
PGR filings PTAB: 112 in FY2022
30
CBM filings (pre-2021): 385 total cumulative by 2020
Interpretation
Case Filings Interpretation
While the patent litigation arena is no longer the Wild West free-for-all of its 2013 peak, the 2022 landscape reveals a sophisticated, if slightly less crowded, battlefield where over half the combatants are NPEs, Delaware has dethroned East Texas as the favored dueling ground, and everyone is constantly appealing to a higher authority.
02 · Category
Damages and Costs20 stats
01
Median patent litigation cost to trial: $4M for $1-25M at risk 2022
02
Total verdict damages 2022: $2.8B across 25 trials
03
Reasonable royalty rate median: 3.5% in 2022 awards
04
Enhanced damages (treble): awarded in 12% of plaintiff wins 2022
05
ITC public interest stays granted: 2% of investigations 2022
06
Attorney fees awards to prevailer: $2.1M median 2022
07
Cost to interlocutory appeal: $1.5M average 2022
08
NPE demand median: $300K pre-suit 2022
09
Running royalty post-verdict: imposed in 18% of cases 2022
10
Total PTAB costs per IPR: $350K median 2022
11
Insurance coverage for patent defense: 45% of companies 2022 survey
12
Median verdict $10M-$25M cases: $18.2M 2017-2022
13
Lost profits awards: 22% of damages total 2022
14
Pre-suit settlement median: $1.2M for tech patents 2022
15
Exceptional case fee shifts: 28 under Octane 2022
16
ITC bond amounts median: $12M during investigations 2022
17
Cost predictability score EDTX: 85/100 2022
18
Annual NPE litigation spend: $29B estimated 2022
19
Median time to settlement: 18 months district courts 2022
20
GAFA defense spend on patents: $5B collective 2022
Interpretation
Damages and Costs Interpretation
It appears the patent litigation arena is a high-stakes, slow-motion knife fight where everyone bleeds money, but the attorneys, statistics, and a fortunate few plaintiffs are the ones holding the tourniquets.
03 · Category
Outcomes and Settlements22 stats
01
92% of cases terminated by settlement in district courts 2017-2022
02
Plaintiff win rate at trial: 32% in 2022 district courts
03
Jury verdicts for patentees: $1.2B total in 2022 (12 trials)
04
Summary judgment for defendants: 45% of motions granted 2022
05
PTAB invalidation rate: 68% of instituted IPR claims cancelled FY2022
06
Settlement rate pre-institution PTAB: 35% in FY2022
07
District court dismissals: 22% on 12(b)(6) motions 2022
08
ITC exclusion orders: 12 issued in FY2022 (19% of completions)
09
Federal Circuit affirmance rate: 78% for PTAB decisions 2022
10
Patentee trial win rate software cases: 28% 2018-2022
11
NPE settlement rate: 90% of cases 2022
12
Post-grant review final written decisions: 84% invalidating at least one claim FY2022
13
District court trials: 25 patent jury trials in 2022
14
Reexamination requests granted: 55% institution rate 2022
15
CAFC reversal rate district courts: 22% in 2022
16
Willful infringement findings: 15% of trials 2022
17
Rule 11 sanctions: 8 imposed in patent cases 2022
18
Stipulated dismissals: 65% of terminations 2022
19
Bench trials plaintiff win: 41% vs 32% jury 2017-2022
20
IPR appeal affirmance: 82% PTAB decisions 2022
21
Median damages award at trial: $15.4M in 2022 verdicts
22
Average settlement value: $8.2M for NPE cases 2022
Interpretation
Outcomes and Settlements Interpretation
Patent litigation is largely a game of high-stakes poker where most hands fold early to avoid the crushing risks of trial, the ever-looming threat of invalidation, and the sobering reality that even a winning verdict might just be a pyrrhic victory after a decade of legal fees.
More related reading
04 · Category
Trends and NPEs19 stats
01
Decline in NPE assertions: 18% YoY in 2022
02
Top NPE: IP Edge filed 456 campaigns 2022
03
Software patents: 52% of assertions 2022, down from 67% in 2015
04
Post-Alice invalidations: 89% PTAB software patents cancelled 2022
05
Big Tech as defendants: 35% of cases 2022
06
Repeat players: Top 10 plaintiffs filed 28% of cases 2022
07
China-based NPE rise: 15% of filings 2022
08
SEP assertions down 22% in 2022
09
University patenting litigation: 120 cases 2022, up 10%
10
AI patent filings in litigation: 45 cases 2022
11
COVID-related patent suits: 89 in 2020-2022
12
Venue reform impact: 50% drop EDTX post-Judicial Conference 2022
13
Operating co. assertions stable at 48% of filings 2022
14
PAE campaigns: 1,234 by top 20 in 2022
15
5G patent disputes: 156 cases 2022
16
Biosimilar patent challenges: 210 ANDA Paragraph IV 2022
17
Median case pendency district: 24 months 2022
18
PTAB institution rate: 62% for IPRs FY2022
19
Serial litigation by NPEs: 72% repeat filers 2022
Interpretation
Trends and NPEs Interpretation
The patent litigation landscape is a shifting battlefield where the trolls are getting more specialized, the courts are getting more skeptical, and everyone from Big Tech to universities is fighting over a smaller, tougher pool of software patents.
05 · Category
Venue and Jurisdiction25 stats
01
In 2022, Eastern District of Texas hosted 642 patent cases (18% national)
02
District of Delaware saw 1,028 filings in 2022 (29% of total)
03
Northern District of California: 312 cases in 2022 (9%)
04
Western District of Texas: 423 cases in 2022 (12%)
05
Post-TC Heartland (2017), EDTX share dropped from 25% to 18%
06
Colorado District: 89 cases in 2022, up 40%
07
ITC venue used in 62 investigations in FY2022 (2% of filings)
08
Delaware median time-to-trial: 2.1 years in 2022
09
EDTX median time-to-trial: 1.8 years, fastest venue
10
WDTX judge Albright handled 25% of national patent docket in 2022
11
NDCA patent cases: 9% national share, stable since 2018
12
District of New Jersey: 156 cases 2022 (4%)
13
Texas Eastern post-2022 venue reform: filings down 35%
14
PTAB as venue: 1,512 petitions filed FY2022
15
Federal Circuit jurisdiction over 90% of patent appeals
16
Supreme Court took 5 patent cases in 2022 term
17
State courts handled <1% of patent cases post-Federal Circuit uniformity
18
Waco TX (WDTX): 1,200+ cases pending end-2022
19
Marshall TX (EDTX): 400 pending cases 2022
20
CDCA: 210 filings 2022 (6%)
21
MD Florida: 112 cases 2022
22
Illinois Northern: 98 cases 2022
23
Georgia Northern: 76 cases 2022
24
Nevada District: 45 cases 2022, emerging venue
25
85% of patent cases filed in top 10 venues in 2022
Interpretation
Venue and Jurisdiction Interpretation
While Delaware wears the crown for sheer volume, Texas races to judgment, and the PTAB looms as a silent coliseum, the patent litigation map is a constantly shifting battlefield where a handful of districts decide the fate of most national disputes.
Reference
Cite This Report
This report is designed to be cited. We maintain stable URLs and versioned verification dates. Copy the format appropriate for your publication below.
APA
Rachel Svensson. (2026, February 13). Patent Litigation Statistics. Gitnux. https://gitnux.org/patent-litigation-statistics
MLA
Rachel Svensson. "Patent Litigation Statistics." Gitnux, 13 Feb 2026, https://gitnux.org/patent-litigation-statistics.
Chicago
Rachel Svensson. 2026. "Patent Litigation Statistics." Gitnux. https://gitnux.org/patent-litigation-statistics.
Sources & references
18 datasets cited across this report · attribution is report-level