More than 5 cases of $100+ million in damages from patent suits in 2023

[AON, risk and human capital firm, 7-18-23, AON, “How Current IP Patent Litigation Trends are Changing Risk Exposures,” , accessed: 7-11-24, ES]

4. Damage Awards Reflect the Changing Landscape

While the sheer number of litigation suits steadied in 2022, the drivers behind this trend indicate a shift in behavior and exposures. According to Lex Machina data, damage awards reflect this changing landscape:

More damages awards were won in H1 2023 than in previous years’ first halves: 49 damages awards were handed down in H1 2023 versus 31 in 2022 and only 28 in 2020, a low number likely due to court closures during the onset of the COVID-19 pandemic.

There were five damages awards of $100 million or more in H1 2023 — this highest number of awards in the first halves of the past nine years.

The trend shows the number of large awards is increasing over time, with correlated costs.