NPE Litigation Jumped in Q3 2026
NPEs added 640 defendants to patent litigation campaigns in Q3 2026, an increase of 22% compared to Q3 2025 (when NPEs added 524 defendants). NPE litigation in the third quarter of 2026 exceeded the trailing Q3 average for 2023-2025 by 40% and was 18% higher than in the second quarter.
Meanwhile, operating company plaintiffs added 287 defendants this past quarter, a 6% increase from Q3 2025. Litigation by operating companies beat the trailing Q3 2023-2025 average by 10% and was also 4% higher than in the second quarter.
| Defendants Added | Change Compared to: | ||||
| Q3 2026 | Q3 2025 | Q3 2023-2025 Average | Q2 2026 | ||
| NPE | 640 | 22% | 40% | 18% | |
| Operating Company | 287 | 6% | 10% | 4% | |
| Total | 927 | 16% | 29% | 14% | |
Overall, patent plaintiffs added 927 defendants in the third quarter of 2026, or 16% more than in Q3 2025 and 14% more than Q2 2026, also beating the trailing average by 29%.
See RPX’s third-quarter review for more on filing trends and other developments impacting patent risk in Q3.
