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Patent Troll Index: who sues, who gets sued, and how it ends

How many US patent lawsuits patent trolls file each year, how many companies they sue, and how quickly those suits end, counted from the federal court record.

US Patent Index · Special report

Patent trolls now file more than half of all US patent suits.

A patent troll is a company that makes its money by suing over patents, usually ones it bought, rather than by selling products. This index counts their suits in the federal court record, year by year: how many they file, how many companies they sue, and how quickly the suits end.

52.2%

of US patent suits in 2025 were filed by a patent troll

9.2%

in 2000 to 2004

5.7×

higher in 2025 than in 2000 to 2004

Of every 100 patent suits filed in 2025, 52 were filed by a patent troll

Federal court cases filed through December 31, 2025. Updated September 25, 2026.

What we mean by patent troll. This index uses “patent troll” because it is the common term. The legal terms are non-practicing entity and patent assertion entity: a business that holds patents in order to sue over them, and makes nothing. The index counts that activity across the federal court record and does not name any company.

What we are measuring, and why

Imagine you build a small software company. One day a letter arrives.

It says your product infringes a patent and asks you to pay, or face a lawsuit.

You have never heard of the company that sent it. It sells no product. What it has is a patent bought from someone else, and a lawyer.

You have two choices.

Notice of infringement

Dear ,

We represent the owner of U.S. Patent No. . We have reviewed your product and believe it infringes one or more claims of that patent.

We are prepared to offer a license on reasonable terms. If we do not hear from you within thirty days, our client intends to file suit.

Sincerely,

Illustration. Names and numbers redacted.

Fight in court

  • Lawyers and discovery
  • Often several years
  • A ruling only if the case gets that far

Pay them to go away

  • A payment
  • Settled within months
  • Usually cheaper, even with a strong defense

What most companies choose

Paying is usually much cheaper than fighting, even for a company that did nothing wrong and would likely beat a weak patent in court.

So most companies pay. The price tends to track what a defense would have cost, not what the invention is worth.

The Federal Trade Commission reached the same conclusion in its 2016 study of patent assertion entities: most of their settlements cost less than defending the case would have.

The result works like a tax on making products, one that no legislature set and no budget records. This index measures it every year.

Step 1

How many patent suits are filed each year

Every US patent lawsuit is filed in a federal court, and the clerks record each one in a public database that anyone can download. Here is how many were filed each year, before any judgment about who filed them.

Patent lawsuits filed in US federal courts, 2000 to 2025

89,639suits in all

Patent suits filed, whoever filed them

In 2000 the federal district courts took 2,222 patent suits. The count peaked at 5,829 in 2013, 2.6× as many, and was 4,277 in 2025, the latest full year. That is 89,639 suits in all. Source: the Federal Judicial Center's public record of civil cases.

Step 2

Which of them come from patent trolls

Most of those lawsuits are ordinary disputes: a company that built something sues a company it believes copied it.

This index looks for the rest, brought by companies that sue over patents but do not make products.

No government publishes a list of those companies. Commercial lists exist, but they are paid products and do not say how they were built, so their results cannot be checked or repeated.

We built our own from public records.

A hundred patent lawsuits. The court record names each plaintiff but does not say whether it makes products.

Step 3

The four public sources

The index uses four public sources. Each file is downloaded and kept exactly as it was published.

01

Who sued whom, when, and how it ended

Federal Judicial Center

02

Who bought a patent from someone else

US Patent and Trademark Office

03

Which companies report to the stock-market regulator

Securities and Exchange Commission

04

Party names and case events from court dockets

CourtListener (non-profit)

Step 4

Four questions about each plaintiff

Every company that files a patent lawsuit is checked against four questions. No single answer decides it. A company is counted when its answers, taken together, fit the definition above.

37,054 companies have filed a patent lawsuit in these years, which makes 60,559 plaintiff-years (one company suing in one year). 6,648 of those plaintiff-years meet the definition.

60,559 plaintiff-years checked6,648 counted
A plaintiff-year is one company suing in one year. Red: the plaintiff-years counted as a patent troll.
  1. 1

    Did they buy the patent from someone else?

    A company that invented something usually keeps it. Buying a patent you had no part in making is the first sign.

  2. 2

    Do they sue over and over?

    A single suit is usually an ordinary dispute. Suing many companies, again and again, is typical of the businesses counted here.

  3. 3

    Does anyone ever sue them, and do they report to the stock-market regulator?

    Companies that make products get sued too, and many file public reports with the SEC. A company that does neither is unlikely to be selling anything.

  4. 4

    Are they a medicine company?

    Drug makers sue each other under a separate legal process for generic medicines, explained below. Those suits are left out.

Why medicine companies are taken out

Drug patents are litigated under their own rules. Under the Hatch-Waxman Act, a company that applies to sell a generic version of a patented medicine, and tells the FDA the patent is invalid or would not be infringed, is treated by law as having infringed it at that point. The maker of the original drug usually sues within 45 days, before the generic reaches pharmacies.

These suits are between two companies that both make medicines, and they follow most such challenges. A drug maker can be in court dozens of times a year without buying a patent from anyone. Counting those suits would treat routine generic-drug cases as repeat suing and raise the share for reasons unrelated to patent trolls.

Step 5

How the results compare with academic research

Two university research teams have each published their own classification of patent plaintiffs. We compared our results with both, on the same 1,081 companies.

We also compared the two teams with each other, to show how often experts disagree when they classify the same companies.

RTI compared with the first team

RTI × researchers

9.51%

of suits classified differently

90.49% agreeEach strip is 100 suits

The two research teams compared

Researchers × researchers

9.17%

of suits classified differently

90.83% agreeEach strip is 100 suits

0.34pp

Percentage points: how much more often we differ from the first team than the two teams differ from each other.

How often each pair classifies a suit differently, out of every 100 suits. We differ from the first team on 9.51 of every 100 suits and from the second on 14.81. The two teams differ from each other on 9.17.
The same check, counted per company

The same comparison with the first team, counting each company once rather than once per suit. It covers every company that team classified, which is why it includes more companies than the comparison above.

Agreement · counted per company

When we flag a company, do the researchers agree?

79.8%

likely range: 77.1% to 82.3%

confirmed by the researchers727

classified differently184

Coverage · counted per company

How many of the researchers’ trolls do we find?

60.4%

likely range: 57.6% to 63.2%

found727

not found476

We compared 4,772 companies. We and the researchers agree that 3,385 of them are not patent trolls. Another 1,797 companies on the researchers' list are outside the lawsuits this index covers.

Step 6

What the count shows

Here is the chart from the first step again, with the suits filed by patent trolls in red.

Patent lawsuits filed in US federal courts, 2000 to 2025, by who filed them

Filed by a patent trollEvery other patent suit

In 2000 to 2004, patent trolls filed 9.2% of US patent suits. In 2010 the share rose 1.9×, the largest one-year increase on record. It passed half of all suits in 2012. It peaked at 62.1% in 2015, 6.8× the 2000 to 2004 level.

Through the 2000s the share stayed between 6.7% and 15.2%. It rose in 2010, peaked in 2015, and since 2016 it has stayed between 48.0% and 59.4%.

The comparisons on the rest of this page use those three periods: before 2010, 2010 to 2015, and after 2015.

The lowest share after 2015 (48.0%, in 2018) was 3.2× the highest share before 2010 (15.2%, in 2009).

2000 to 2009

10.9%

average share of US patent suits filed by patent trolls

Times as high4.9×

2016 to 2025

53.0%

average share since then

What changed for the companies being sued

How many companies were sued

Patent trolls sued 1,615 companies in 2025, against an average of 210 a year in 2000 to 2004. The peak was 2,497 companies in 2015.

The squares count company-years: one company sued in one year. A company sued in three different years counts three times. Gray squares are the years before 2010, red squares 2010 onward. Across 2000 to 2025 that adds up to 26,870 company-years.

One square = 250 company-years

Before 20102010 onward
  1. Before 2010

    2,446

    company-years · 10 years

  2. 2010 to 2015

    10,317

    company-years · 6 years

  3. After 2015

    14,107

    company-years · 10 years

More of these suits end before any ruling

Settlement amounts are not published, but the court record shows when each case ended. Of the 1,590 troll suits that ended in 2025, 866 (54.5%) were dropped or settled within six months of filing, against 24.9% in 2000 to 2004.

When the two sides drop or settle a case that quickly, it ends before any court has ruled on whether the patent was infringed.

Over within six monthsRan longer
  1. Before 201023.9%

    644 of 2,692 suits that ended · bar length shows how many ended in the period

  2. 2010 to 201527.0%

    3,896 of 14,407 suits that ended · bar length shows how many ended in the period

  3. After 201544.5%

    8,191 of 18,425 suits that ended · bar length shows how many ended in the period

Source: Federal Judicial Center, Integrated Database of civil cases in the federal district courts.

Common questions

Patent trolls, in short

Based on the 89,639 patent lawsuits in this index.

What is a patent troll?

A company that makes its money by suing over patents, usually ones it bought, rather than by selling products. The legal terms are patent assertion entity and non-practicing entity.

How many US patent lawsuits do patent trolls file?

In 2025, 52.2% of US patent suits were filed by patent trolls, up from 9.2% in 2000 to 2004.

How many companies get sued by patent trolls each year?

Patent trolls sued 1,615 companies in 2025. The peak was 2,497 in 2015.

How do patent troll lawsuits usually end?

Most are dropped or settled early. Of the troll suits that ended in 2025, 54.5% were dropped or settled within six months of filing, before any ruling on whether the patent was infringed.

Where does the data come from?

From the Federal Judicial Center's Integrated Database, the federal courts' public record of civil cases: 89,639 patent suits filed from 2000 to 2025. Patent ownership comes from the USPTO and company filings from the SEC.

Sources: Federal Judicial Center Integrated Database, civil cases; USPTO Assignment Center; SEC EDGAR company list; CourtListener RECAP.

Last refreshed September 25, 2026