USA – CALIFORNIA Trends and Developments Contributed by: Michelle E. Armond, Douglas R. Wilson, Monica M. Arnold and Amy Han, Armond Wilson LLP
• Western District of Texas: 531 new case filings in 2025 compared to 374 in 2024; and • Eastern District of Texas: 1,247 new case filings in 2025 compared to 1,071 in 2024. California’s continued leadership in IP disputes California’s federal courts are known for their talented pool of judges experienced in patent cases, which explains its popularity for filing and transferring cases there. Indeed, the Northern District of California, which encompasses Silicon Valley, was the first US federal court to introduce local rules governing specific pro- cedures tailored to patent cases. Its rules have been adopted and emulated by courts and judges across the country. California’s gatekeeping of patent cases California judges have demonstrated a leadership role in gatekeeping patent cases by carefully ensuring that only meritorious patent claims are tried. For example, three of California’s district courts grant motions to dismiss at rates far above the national average. From 1 January 2025 to 1 June 2026, the national average for granting partial or complete motions to dismiss patent complaints was 26.8%, according to data from DocketNavigator®. Each of the follow- ing California courts exceeded that rate in granting motions to dismiss, some by wide margins: • Southern District of California: 68.8% of 16 motions to dismiss decided; • Northern District of California: 56% of 91 motions to dismiss decided; and • Central District of California: 35.1% of 74 motions to dismiss decided. This is also seen in grant rates for summary judgment motions resolving disputes before trial. The national rate for granting partial or entire motions for summary judgment in patent cases stood at 28%, according to DocketNavigator® data spanning the same time peri- od of 1 January 2025 to 1 June 2026. Each of these three districts again exceeded the national average: • Southern District of California: 50% of 8 summary judgment motions decided;
• Northern District of California: 38.2% of 68 motions to dismiss decided; and • Central District of California: 39.6% of 53 motions to dismiss decided. The above statistics demonstrate that California judg- es are maintaining a strong role in removing weak or undisputed issues from patent jury trials, thereby sup- porting innovation. California and other preferred courts California’s strong gatekeeping role has earned it favour with innovative companies and Fortune 500 companies facing an onslaught of patent filings. The Eastern District of Texas and District of Delaware have long been the preferred courts for many pat- ent owners. In recent years, the Western District of Texas has vaulted into one of the top spots following the nomination and confirmation of Judge Albright. However, Judge Albright’s April 2026 announcement of his retirement from the federal Bench is expected to significantly reduce the popularity of that Texas court. The rise of US patent litigation The last several years have shown a consistent increase in patent cases filed in California and other federal courts. In particular, the number of patent cas- es filed in US district courts totalled 3,120 and 3,799 in 2023 and 2024, respectively. The trajectory acceler- ated further in 2025, with a total of 4,532 cases filed, according to data from DocketNavigator®. This rep- resents a 45% jump in patent litigation filings between 2023 and 2025. These patent litigation trends are expected to continue in 2026. While patent filings in the first quarter of 2026 slowed, we expect the pace of filings in California for 2026 to maintain or even exceed that of recent years. Changes in national patent policy, re-examination, and global interest in patent litigation (each discussed below) are fuelling these increased filings. The patent policy pendulum swings back California intellectual property attorneys are used to the pendulum of US patent policy gradually swinging back and forth. The pendulum dramatically reversed over the past 18 months, as the erstwhile popularity
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