Scott Cummings and George Chen Published in World Intellectual Property Review

Scott Cummings and George Chen, partners in our Intellectual Property practice, were published in the World Intellectual Property Review. In the article, “Why the US is poised for a patent litigation surge in 2026,” Scott and George break down the impact of the USPTO’s procedural changes on patent litigation for clients.

Recent USPTO changes have drastically limited inter partes review (IPR), reducing IPR institution rates from nearly 70% to as low as 4%. This change forces patent validity disputes into district courts, where burdens of proof are higher for proving patent invalidity and where litigation is more expensive. The change favors patent owners, including patent assertion entities, and reduces accused infringers’ leverage, which can attract a significant increase in patent litigation funding. (Analysts predict commercial liability insurance costs could rise to $50 billion over five years.)

To manage risk, companies should consider ex parte reexaminations, proactive patent monitoring, and venue control through declaratory judgment actions. AI-driven tools also are accelerating pre-suit investigations and complaint drafting, lowering barriers to filing and likely fueling a surge in patent lawsuit filings in 2026. These trends could overwhelm courts and prompt new rules to curb frivolous claims.

Read more of Scott and George’s insights and projections in the article here.