In 1975, the value of the S&P 500 was firmly rooted in the physical world; tangible assets like factories, equipment, and inventory accounted for roughly 83% of firm value. By 2025, that world had disappeared. Today, intangible assets- proprietary data, technical inventions, brands, and creative works-represent over 90% of market value.

A new report[1] by Cornerstone Research provides crucial context for how this transformation has played out in the courtroom.  Drawing on data from the Unified Patent Court (UPC) and never-before-compiled data from the Chinese courts, we identified five major trends shaping IP litigation.  

Trend 1: A Surge in Volume and Diversification 

Over the last two decades, the volume of IP litigation has grown by orders of magnitude. According to the Cornerstone Research data, U.S. case filings have surged from fewer than 3,000 annual cases in the mid-2000s to nearly 19,000 by 2025. However, volume is only half the story; diversification is the other half.

Once dominated almost exclusively by patents, IP litigation has evolved into a highly diversified mix involving copyrights, trademarks, and trade secrets. As the importance of IP has grown, firms have turned to different forms of protection to safeguard prized assets.

Trend 2: The Multi-Jurisdictional Chess Match

The modern patent system no longer revolves around the United States. Litigants now leverage different forums across the globe for specific tactical outcomes:

• United States: Remains the primary global battleground for securing massive monetary damages.
  

• Europe & The Unified Patent Court (UPC): Has emerged as the premier offensive venue for securing rapid, injunction-oriented leverage and pan-European exclusion orders.
  

• United Kingdom: Continues to play a distinctive role as the critical arbiter for determining global FRAND (Fair, Reasonable, and Non-Discriminatory) licensing rates.
  

• China: Functions as an active forum for strategic Standard Essential Patent coordination, global rate-setting, and the tactical use of anti-suit injunctions.
  

Trend 3: The Strategic Pivot to Trade Secrets

Trade secret litigation has climbed steadily for a decade, experiencing a sharp surge between 2022 and 2025.

This pivot is particularly vital for AI systems and advanced manufacturing. In these sectors, the immediate competitive value of confidentiality often outweighs the benefits of a patent. Opting for a trade secret over a patent allows firms to avoid providing a roadmap for competitors that public disclosure provides while simultaneously dodging patent scrutiny at the Patent Trial and Appeal Board.

Trend 4: Generative AI Blurs the Boundaries

The rise of Generative AI is triggering a massive wave of litigation. In the U.S. alone, AI-related copyright disputes have skyrocketed, with annual filings growing from 16 cases in 2023 to 70 cases in 2025. Beyond simple questions of ownership, courts are now grappling with age-old economic questions of market substitution and how traditional licensing structures must adapt to models trained on existing human works.

Trend 5: Blockbuster Damages and High Volatility

The Cornerstone Research data reveal a massive gap between the median award and the blockbuster outcome.

Average awards are heavily skewed into the tens of millions, and occasionally much higher: by a small number of outsized verdicts exceeding $300 million. These blockbuster outcomes are not distributed evenly across the economy; they are heavily concentrated in the high-stakes technology, semiconductor, and life sciences sectors.

  New Question for New Era

The rules of the IP game have fundamentally changed. We have transitioned from a world of physical assets and domestic patent disputes to a global, multi-jurisdictional chess match.

As intangible assets continue to drive corporate value, the question for every enterprise is no longer just “What do we own?” but “How do we navigate an ecosystem that is more volatile and interconnected than ever before?”

Feature written by Kushraj Singh, Senior Legal Correspondent, The Global IP Magazine.

Email Kushraj: newsdesk@northonsprmarketing.com