Standard-essential patent (SEP) disputes in the U.S. have entered a new era of heightened activity and sophistication. Between 2014 and 2024, annual SEP-related case filings have risen from 118 to 223, with more than 200 cases a year now being filed, driven in part by an influx of Patent Assertion Entities (PAEs). As technology standards proliferate—from 2G through 5G cellular, Wi-Fi 4 to 6, video and audio codecs to Qi wireless charging—stakeholders must adapt their licensing and litigation strategies to stay ahead in this dynamic landscape.
The U.S. SEP ecosystem is in flux. A lack of definitive policy guidance and evolving case law contribute to uncertainty around SEP enforcement. The courts continue to refine key doctrines on injunctions, FRAND royalties. Concurrently, the integration of AI-driven analytics into SEP portfolio evaluation is transforming how both patent owners and operating companies implementing standards gauge litigation risk, calculate share of the SEP landscape, and benchmark FRAND license rates. Companies that leverage data-driven insights will be better positioned to negotiate fair, predictable agreements and to resist abusive assertions.
The surge in SEP litigation has been primarily driven by a specific group of plaintiffs. This is illustrated in the chart below. In particular, Patent Assertion Entities (PAEs), companies that acquire patents with the primary goal of monetizing them through licensing and litigation, without producing or selling their own products, have played a central role. Non-Practicing Entities (NPEs) may also include research institutions or inventors that develop patent portfolios through in-house R&D but do not commercialize products directly. In contrast, operating companies actively use their patents in commercial products or services. They typically engage in enforcement as a defensive or strategic complement to market activity.
The LexisNexis U.S. SEP Litigation Report 2025 provides a comprehensive view of the litigation landscape, detailing trends in technologies, plaintiffs, courts, and legal representation. Here some of the highlights:
Analysis of LexisNexis® Intellectual Property Solutions data shows that PAEs are responsible for more than 40% of recent U.S. SEP-related disputes—nearly double their share from a decade ago—many focused on narrow technology areas such as Wi‑Fi or cellular SEPs. In contrast, non‑PAE entities, including operating companies and research institutions, account for a smaller share, with no clear upward trend in their litigation activity.
The Eastern District of Texas remains the most active forum for SEP disputes. It is followed by Delaware and the Western District of Texas. In recent years, the International Trade Commission (ITC) has also seen a rise in SEP-related investigations, offering a potent exclusion remedy. Plaintiffs increasingly concentrate filings in courts where favorable outcomes are expected.
Although most cases end in settlement, often as part of broader international enforcement campaigns, venue choice heavily influences negotiation leverage and timing. Companies facing assertion campaigns must therefore keep up with litigation case filing patterns, monitor court rule-changes and calibrate their dispute resolution strategies accordingly.
The most frequently litigated standards include:
Diverse standards pose distinct valuation and essentiality-assessment challenges, necessitating bespoke analytical approaches.
The findings of the 2025 LexisNexis SEP litigation report include detailed rankings of the top 50 SEP plaintiffs and defendants by case count and standard. This includes the top 50 law firms representing each side, based on overall volume and standard-specific activity.
On the plaintiff side, the top 50 SEP filers are overwhelmingly PAEs focused on narrow technology slices—unlike operating companies that hold broader portfolios. Leading PAEs specialize by standard: for instance, some target only Wi-Fi-related patents, while others concentrate on cellular inventions.
Among defendants are the world’s largest handset makers—Samsung, Apple, HTC, LG and Google—as well as computer OEMs such as Dell, Lenovo and HP Inc., and carriers including Verizon, T-Mobile and AT&T. Their collective exposure underscores the strategic imperative for integrated licensing programs.
Law-firm activity has likewise elevated. Devlin Law Firm and Farnan lead on the plaintiff side. Fish & Richardson and Gillam & Smith are among the most active on the defense side. Firms including Fish & Richardson, Devlin Law Firm, McKool Smith, Quinn Emanuel, Paul Hastings, and Alston & Bird appear on both sides.
The findings in this report offer valuable insights for SEP licensing, litigation, and portfolio strategy. This is especially true as FRAND negotiations grow more complex and global enforcement pressure increases. The report provides details on:
Modern courts favor data-supported assessments in FRAND disputes, principally via two approaches:
Both methods hinge on reliable data. Top-down calculations demand an accurate denominator, the total SEP stack, which remains elusive due to incomplete essentiality confirmation. Comparable-license analyses falter without transparent, comparable agreements. The result is a persistent “data gap” that clouds FRAND-rate outcomes and prolongs disputes.
AI-powered IP solutions are now capable of:
By applying these tools, stakeholders can generate transparent, defensible metrics for FRAND negotiations. This can reduce the scope for adversarial expert testimony and enhancing settlement prospects.
U.S. SEP litigation has entered a phase of sustained volume and complexity. With PAEs driving filings and AI reshaping portfolio analysis, IP professionals must transition from reactive defense to strategic, data-driven management. Accurate, transparent SEP data is no longer a luxury but a necessity for effective FRAND negotiations and risk mitigation. Those who embrace advanced analytics, rigorous data validation and proactive portfolio oversight will be best equipped to navigate the challenges of an increasingly litigious and standards-driven marketplace.
For a granular dissection of litigation volumes for the top 50 SEP plaintiffs and defendants, plus full methodological notes on our AI-enhanced essentiality estimates, the LexisNexis U.S. SEP Litigation Report 2025 analyses all patents referenced in U.S. litigation relating to standards by merging LexisNexis® IPlytics™ with the LexisNexis® Global Patent Litigation Database to chart activity from 2014 to 2024 across cellular (3G, 4G, 5G), Wi-Fi (4, 5, 6), video codecs (AVC, HEVC, VVC, AV1, VP9), audio codecs (AAC, Opus, MPEG-H, EVS), IETF, JEDEC and Qi wireless charging.
Stay Ahead of Shifting SEP Litigation Dynamics
Gain a clear understanding of how Standard Essential Patent (SEP) litigation is evolving in the U.S. This summary highlights the top trends, key players, and emerging technologies driving case volume across various industries.
