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Data Byte

Patent Litigation Held Steady in Q1 2026

NPEs added 495 defendants to patent litigation campaigns in Q1 2026, a decrease of 18% compared to Q1 2025 (when NPEs added 604 defendants). NPE litigation in the first quarter of 2026 exceeded the trailing Q1 average for 2023-2025 by 10% but was 6% lower than in the fourth quarter.

In contrast, operating company plaintiffs added 329 defendants this past quarter, a 35% increase from Q1 2025. Litigation by operating companies beat the trailing Q1 2023-2025 average by 33% but was also 5% lower than in Q4.

Defendants Added Change Compared to:
Q1 2026   Q1 2025 Q1 2023-2025 Average Q4 2025
NPE 495 -18% 10% -6%
Operating Company 329 35% 33% -5%
Total 824 -3% 18% -5%

Overall, patent plaintiffs added 824 defendants in the first quarter of 2026, or 3% less than in Q1 2025 and 5% less than Q4 2025, also beating the trailing average by 18%.

See RPX’s first-quarter review for more on district court filings in Q1 2026, as well as other key trends that shaped patent litigation last quarter.

NPE and Operating Company Litigation by Quarter (Defendants Added)

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