Patent Dispute Report: Q3 2025 in Review

Following new guidelines introduced in February and March 2025, discretionary denials at the Patent Trial and Appeal Board (PTAB) reached an all-time high in the third quarter of 2025. These changes, including a bifurcated review process, expanded discretionary denial factors and revival of the Fintiv test, have also caused the overall institution rate to drop. Historically, the institution rate against non-practicing entities (NPEs) has been higher than the institution rate against operating companies (OpCos), but this trend has reversed, with the NPE institution rate now significantly lower.

Despite the decrease in institutions, PTAB petition filings saw only a modest 3.5% decrease between Q2 and Q3. The future volume of filings is uncertain, especially with new PTAB rules effective September 1, 2025 that restrict the use of “general knowledge,” such as expert testimony, common sense, or applicant-admitted prior art. 

In contrast, requests for ex parte reexaminations reached an all-time high during the first nine months of 2025, jumping by 46% between Q2 and Q3, suggesting that would-be PTAB petitioners were looking for an alternative venue to challenge patents. 

Meanwhile, in the federal district courts, the number of patent filings dipped 8.9% between Q2 and Q3. The Eastern District of Texas continues to be the most popular venue for patent case filings, including filings by NPEs. 

Additional takeaways:  

  • Based on the first nine months of 2025, PTAB, ex parte reexamination, and district court filings currently remain on pace to exceed 2024’s numbers. 

  • The W.D.Tex. remains the second most popular venue for patent filings and NPE patent filings in the first nine months of 2025. However, it is a distant second to the E.D.Tex. Combined, the E.D.Tex. and the W.D.Tex. accounted for 40% of all patent cases filed in the first nine months of 2025 and 62.8% of all NPE cases filed during the same time period.

  • In the Unified Patent Court, the number of infringement actions filed in the third quarter of 2025 increased 42% over the first half of 2025. 

Procedural Denials in PTAB Increase Significantly: The PTAB issued a record-high 254 denials in the third quarter of 2025. This marks a 77.6% increase over the first half of the year and a 206% increase in procedural denials compared to all of 2024.

PTAB Rate of Institution Against NPEs Now Below Rate Against Operating Companies:  Since the PTAB changed its procedures for discretionary denials earlier this year, the overall institution rate has dropped. This shift has also reversed a historical trend (excluding brief periods of time here and there), as the institution rate for petitions against NPEs is now lower than the institution rate against operating companies. The institution rate is {​the number of institutions during the 12-month sliding window period} ÷ {​the total number of both institutions & denials during that same period}.

In the third quarter of 2025, the institution rate for PTAB petitions against NPEs was more than 25% lower than the institution rate against operating companies (OpCo).

Requests for Ex Parte Reexaminations: Requests for ex parte reexaminations in the third quarter of 2025 reached an all-time high (198), and based on the number of requests filed in first nine months of 2025 (425), 2025 is currently on pace to well surpass 2024’s numbers (437). The trend of increasing ex parte reexaminations mirrors the rise of PTAB discretionary denials at the PTAB.

PTAB, Ex Parte and District Court Filings Still on Pace to Exceed 2024: Filing trends for the first nine months of 2025 show mixed results. PTAB filings decreased 3.5% from Q2 to Q3, with the nine-month total at 79.9% of 2024’s numbers. Ex parte reexamination filings increased 46.0% from Q2 to Q3, and the first nine months of 2025 are at 97.3% of 2024’s volume. District court filings decreased 8.9% from Q2 to Q3, but the first nine months of 2025 are at 85.4% of 2024’s total.

Eastern District of Texas Remains No. 1: The E.D.Tex. continues to be the most popular venue for patent filings, with 28.3% of all patent cases filed in the first nine months of 2025, essentially unchanged compared to the first half of 2025 (28.2%). The E.D.Tex. is followed by the W.D.Tex. at 11.3%, the D.Del. at 11.0%, the N.D.Ill. at 8.2%, and the D.N.J. at 5.3% for the same period.

NPEs Overwhelmingly Prefer the Eastern District of Texas: The E.D.Tex. continues to dominate NPE case filings, with 45.4% of all filings in the first nine months of 2025. This is comparable to the first half of 2025, where 44.9% of NPE case filings were in the E.D.Tex. The W.D.Tex. (17.4%) and the D.Del. (8.0%) remain a distant second and third for NPE case filings for the same period.

NPEs Dominate the Top 10 Plaintiffs: In the first nine months of 2025, eight of the top 10 plaintiffs in district court were NPEs. Two of the plaintiffs (Torus, HyperQuery LLC) are Jeffrey M. Gross entities, and two are Pueblo Nuevo LLC entities (WirelessWerx IP, Linfo IP).

Post-Grant Proceedings:  In the first nine months of 2025, petitions for ex parte reexaminations accounted for 28.1% of filings in post-grant proceedings, an increase of 5.3% over the first half of 2025. Reflecting the increase in discretionary denials, petitions for inter partes review decreased 5.8% from the first half of 2025, and accounted for 67.9% of requests for post-grant proceedings.

Top 10 Patent Owners in PTAB:  In the first nine months of 2025, six out of the top 10 patent owners defending against a petition filed in the PTAB were NPEs: Telcom Ventures LLC, Advanced Integrated, Apex Beam, Dialect LLC, Advanced Coding, and CardWare.

Top 10 Defendants in District Court and Top 10 PTAB Defendants:  The most active defendants in district court and the most active petitioners in the PTAB in the first nine months of 2025 overlap, with Samsung, Apple, Amazon and Google in the top four spots for both.

Filing Trends in District Court by Entity:  NPEs filed 56.4% of the patent cases in district court in the first nine months of 2025, while operating companies filed 39.7%. This is comparable to the half-year data, where NPEs filed 56.1% of the patent cases, and operating companies filed 40.3%.

Filing Trends in High Tech by Entity Type: In the first nine months of 2025, NPEs filed 91.4% of the district court patent cases in the high tech industry space. This is nearly identical to the half-year data, where NPEs filed 91% of the district court patent cases in the high tech space.

Filing Trends in PTAB by Entity Type over Time:  In the first nine months of 2025, NPEs were patent owners on 50.7% of PTAB petitions, and operating companies 47.3%. Compared to the first half of the year, the NPE figure is comparable (50.5%), while the operating company percentage has slightly increased (from 48.6%).

Filing Trends in High Tech at the PTAB by Entity Type: In the first nine months of 2025, 69.2% of high-tech PTAB challenges were against NPEs and 30.8% were against operating companies. This represents a slight decrease in challenges against NPEs (from 70.6%) and a slight increase against operating companies (from 29.4%) compared to the first half of the year.

District Court Patent Litigation by Industry Type over Time: In the first nine months of the year, 59.8% of district court patent cases filed were in the high tech industry space, and 12.8% were in the medical industry space.

PTAB Petitions by Industry Type over Time:  In the first nine months of 2025, 72.6% of the PTAB petitions filed were in the high tech industry space, and 12.3% were filed in the medical industry space.

Infringement and Revocation Actions and Counterclaims in Unified Patent Court over Time: Notably, Unified Patent Court infringement actions are increasing, with 152 filings in the first nine months of 2025 on track to surpass 2024's total of 162. Third-quarter filings saw a 42% increase over the first half of 2025.


Definitions

Sectors

High-Tech = Technologies relating to Software, Hardware, and Networking

Medical = Technologies relating to Pharmaceuticals, Medical Devices, Health Related Technologies

Other = Technologies relating to Mechanical, Packaged Goods, Sporting Equipment and any other area outside of high-tech and medical patents.

Entities

Non Practicing Entity (NPE) = Company which derives the majority of its total revenue from Patent Licensing activities.

Operating Company or Op. Co. = Company which derives most of its total revenue from Product Sales or Services. Could be an SME or a large company.

Other Entity = Universities / Non-Profits / Government / Non-Governmental Organizations (NGOs)

NPE (Patent Assertion Entities) = Entity whose primary activity is licensing patents and acquired most of its patents from another entity

NPE (Small Company) = Entity whose original activity was providing products and services, but now is primarily focused on monetizing its own patent portfolio.

NPE (Individual) = Entity owned or controlled by an individual inventor who is primarily focused on monetizing inventions patents by that individual inventor.

NPE Aggregator = Entity that has control or ownership over two or more entities. 

Litigation Investment Entities = Evidence of any third party with a financial interest, other than the assertors.

Venues

CACD = Central District of California

CAND = Northern District of California

DED = Delaware


Methodology

This report includes all District Court, PTAB, Reexam, and UPC cases between January 1, 2012 and Sept. 30, 2025.

The total number of reported cases can vary based on what is included. Unified made its best attempt to eliminate mistaken, duplicative, or changes in venue filings, hence the totals may vary slightly compared to other reporting entities. Statistics include litigations initiated by NPEs or Declaratory Judgments (DJs) initiated by operating companies against NPEs.

Unified strives to accurately identify NPEs through all available means, such as court filings, public documents, and product documentation.

$3,000 for Valtrus data security patent prior art

Unified Patents added a new PATROLL contest, with a $3,000 cash prize, seeking prior art on at least claim 1 of U.S. Patent 7,904,686, owned and asserted by Valtrus Innovations Ltd., an NPE. The '686 patent describes a method and apparatus for enhancing data security within a file system. The invention addresses shortcomings in existing data security by offering an alternative to traditional encryption-decryption methods and online licensing checks, which can be time-consuming, confusing, or insufficient for preventing unauthorized file reconstruction. The patent has been asserted against Apache Hadoop implementations within applications owned or created by The Home Depot, NetApp, and FedEx.

The contest will expire on December 1, 2025. Please visit PATROLL for more information and to submit an entry for the contest. PATROLL researchers are required to use Pearl to generate claim charts. Submitted invalidity charts must address every limitation of the challenged claim. This may require using more than one prior art reference. PATROLL researchers are required to use Pearl to initially generate claim charts, and then researchers must add relevant figures and highlighting before submitting each chart. Each PATROLL researcher can generate up to 30 invalidity claim charts per month using Pearl. These charts can be downloaded then submitted to PATROLL.

This PATROLL contest is co-sponsored by the Cloud Native Computing Foundation (CNCF) and is a part of a continuing series of contests in their Cloud Native Heroes Challenge program. Cloud native developers can earn swag and prizes by helping us defeat patent trolls. Find more information on CNCF and the challenges within the links below:

Wilus Wi-Fi patent challenge instituted

On October 7, 2025, six weeks after Unified filed an ex parte reexamination, the Central Reexamination Unit (CRU) granted Unified’s request, finding substantial new questions of patentability on the challenged claims of U.S. Patent 10,820,233, owned and asserted by Wilus Institute of Standards & Technology, Inc., an entity of Good Day to Invent, Inc.

The '233 patent is generally directed to wireless terminals that receive an A-MPDU (aggregated MAC protocol data unit) that includes a MSDU (MAC service data unit) or A-MSDU (aggregated MSDU) from multiple users and transmits back a block ACK (block acknowledgement) to at least some of those users, where the block ACK has a particular format dictated by the numerous elements of the claims. It has been asserted against Askey Computer Corporation and its routers, which are Wi-Fi 6 (802.11ax) enabled devices.

View district court litigations by Wilus. Unified is represented by Michael Jones and Jake Rosvold of Rothwell Figg, and by in-house counsel, Jessica L.A. Marks and Vinu Raj, in this proceeding.

To view the reexamination request, visit Unified’s Portal: https://portal.unifiedpatents.com/exparte/90015487

Malikie email patent challenged

On October 3, 2025, Unified filed an ex parte reexamination proceeding against U.S. Patent 10,779,156, another patent owned and asserted by Malikie Innovations Limited, an NPE and entity of Key Patent Innovations Limited. The ‘156 patent, formerly assigned to Blackberry Ltd., is directed to a mobile device communicating with a server to retrieve a pending data message (i.e., email) after the device receives an enable message, which indicates that the pending data message is available. It has been asserted against Match and Bumble. Malikie Innovations has filed several other litigations funded by Key Patent Innovations Limited against networking communications, apps, and Wi-Fi devices.

View district court litigations by Malikie. Unified is represented by Chris Schmidt and Eric Buresh of Erise IP, and by in-house counsel, David Seastrunk and Jordan Rossen, in this proceeding.

Unified is hiring for full-time Senior Patent Counsel - Apply Today!

Click HERE to apply

Unified Patents is again growing its legal department, and seeks to add an experienced, registered patent attorney. Applicants should have at least 5 years of law firm or other relevant experience before the U.S. Patent and Trademark Office (USPTO), in particular working on ex parte reexamination proceedings, post-grant petitions (IPR, PGR, and CBM), or other administrative drafting and litigation experience.

Applicants should have a strong technical background and be willing to explore diverse new technologies; experience with video codecs, coding, cryptography, compression, signals, wireless communications, or other algorithmic subject matter is a plus. Patent examination experience is a plus; clerking experience is a plus; familiarity with ongoing appellate issues affecting PTAB practice is a plus. Must be willing to work within a team, work well independently, and enjoy writing and editing. Preference for candidates located in the Washington, DC area; remote officing is possible. Diversity is prized in our team and among our candidates. Please be prepared to discuss the administrative matters you have been involved in and be ready to provide examples.

Duties

Managing patent office proceedings internally

Drafting, filing, and litigating patent office proceedings, e.g., ex parte reexaminations

Handling calls with decision makers

Drafting motions and briefs

Supporting senior attorneys with management of ongoing matters

Support docketing, e-filing, deposit account, budgeting, and other IP functions

Editing work product of colleagues, outside counsel

Amicus curiae drafting and support; comment drafting and support

Contract, licensing, and other legal support services

Legal writing, support, and other various legal duties

Requirements

5 years of PTAB (drafting petitions, filing, litigating, deposition) or relevant reexamination experience

State Bar and Patent Registration Examination passage

Ability to work independently and in a team

Excellent English written and oral communication skills

Preferred Additional Qualities

Patent Office examination experience

Algorithmic, codec, and other code-based subject matter experience

Semiconductor, analog and integrated circuit, and fabrication experience

Appellate and/or clerking experience

EE or CS undergraduate degree

Graduate Technical (MS, MA, or PhD) degree

Willing to work from DC preferred

Benefits

Aggressive, competitive benefits, with generous vacation and paid-for health insurance and profit-sharing; freedom to work from home when appropriate; maternity and paternity leave; financial support for bar associations and continuing legal education.