It’s lower than the historical average.
Vakil and Wray 23, *J.D., University of California, Davis, **J.D., Roger Williams School of law (*Bijal Vakil, **William Wray, October 10, 2023, “Q3 Patent Litigation Update: U.S. Patent Litigation Decreases,” Sherman, https://www.aoshearman.com/en/insights/ao-shearman-on-tech/q3-patent-litigation-update-us-patent-litigation-decreases)
U.S. patent litigation has declined significantly. From 2012 through 2022, plaintiffs filed, on average, 4,700 patent suits. This year, expect to see almost a third less than this historical average. The District of Delaware is the plaintiffs' third most popular forum. Unlike the Texas forums, the District of Delaware is preferred primarily by practicing entities. New rules requiring discovery of litigation financing that apply in some cases has likely caused many non-practicing litigants to initiate suits elsewhere.