01 / Assertion benchmarks
Industry-weighted assertion rates
Drawn from AST’s litigation analysis covering patent assertions since 2014. Telecom, consumer hardware, and semiconductor companies face the highest assertion rates. Financial services and medical devices are growing categories.
02 / Settlement costs
$750K average pre-litigation settlement
Based on reported NPE settlement ranges and AIPLA survey data. Pre-litigation NPE settlements typically range from $250K to $2M+ depending on the technology and patents asserted. $750K reflects a conservative midpoint for a mid-sized tech company receiving a single-patent demand.
Source: AIPLA Report of the Economic Survey; RPX Corporation NPE Litigation Report
03 / Litigation costs
$3.2M average through trial
Reflects the AIPLA reported median for patent cases with $1M–$25M at risk. Includes outside counsel, expert witnesses, internal time, and typical settlement or judgment value. Excludes treble damages, which can multiply exposure by 3×.
04 / The upstream insight
Over 90% of asserted patents were once for sale
AST’s reassignment analysis shows that more than 90% of patents used in NPE assertions and lawsuits circulated on the secondary market before being weaponized. Members who acquire licenses upstream avoid downstream cost entirely — not merely reduce it.