Patent Litigation Brief · For in house counsel · Telecommunications

The Telecom Docket

Telecommunications companies faced 77 patent suits between August 2025 and August 2026. Nine came from a company that sells a competing product. One of those was a dispute between direct competitors.

Cases
77
Companies sued
69
Patents asserted
134
Period
Aug 2025 to Aug 2026

Non practicing entities brought 66 of the 75 classified suits against telecommunications defendants, or 88.0%. Operating companies brought 9. Across the full twelve months a single operating company filing was classified as a dispute between direct competitors.

A defensive portfolio has almost nothing to point at in this industry. Three of the 69 companies sued appear anywhere in this data as an asserting party. The work that a portfolio does elsewhere falls to invalidity and non infringement here, against patents granted a median 10.9 years before suit.

Filing volume is rising and the most recent quarter is incomplete. The 41 days from 1 July to 10 August 2026 already carry 24 cases, more than any complete quarter in the preceding two years.

What this cannot tell you. The dataset records filings, parties and asserted patents, not results, so settlement rates, IPR institution rates and dismissal figures all fall outside it. Nothing here describes what a matter costs to defend or how it ends.

01

Using this on a live matter

Three questions answerable from public records in the first hour after a complaint or demand letter arrives, and what each answer usually means in this industry.

Is a countersuit worth scoping at all?

In 88.0% of classified cases the asserter sells nothing. Scoping a counterclaim costs time that returns nothing against a party with no products and no revenue to support a damages award. The first hour is better spent on the asserted patent's file history than on the defendant's own portfolio.

Was the patent assigned after issue?

Acquired patents make up 73.9% of non practicing assertions here and 70.3% of all assertions in the industry. Recorded assignments are worth pulling on the face of the patent, remembering that recordation is voluntary and transfers between shell entities are not always on file.

How far into the term is it?

Non practicing assertions arrive a median 10.9 years after grant and 18.2 years after the earliest priority date. Remaining term is often short, which limits the ongoing royalty a license can carry. The backward looking damages claim reaches six years by statute whatever the grant date.

02

Who is doing the asserting

88.0%

of classified cases came from entities that hold patents without building products, second only to financial services among industries with more than 50 cases.

Financial services runs higher at 90.5% on 74 cases. Software and internet sits at 74.6% on 256 classified cases. At the other end, pharmaceuticals recorded no non practicing filings at all and medical devices recorded them in 26.8% of cases.

The nine operating company suits came from eight companies. One operating company filed twice against a telecommunications defendant in this window.

NPE, 66 cases (85.7%)Operating company, 9 cases (11.7%)Individual, university, government or unknown, 2 cases (2.6%)

The 88.0% headline excludes the two unclassified cases, and counting all 77 filings brings the non practicing share to 85.7%.

03

What a defensive portfolio reaches

A portfolio held for deterrence works by giving the other side something to lose if it is sued back. The mechanism needs an opponent whose own products can infringe.

3of 69

telecommunications companies sued here appear anywhere in this data as an asserting party.

The 40 non practicing entities that filed against telecommunications defendants over these twelve months all hold patents they do not practice. Invalidity and non infringement defenses work normally against them. An entity that sells nothing has no infringing sales to accuse and no revenue to support a damages award, so a countersuit on the defendant's own patents has no target.

A portfolio held for deterrence does little work here. Semiconductors runs at 17.7% on the same measure, four times the rate here.

Deterrence bears on the 12.0% of classified matters that operating companies bring, and the remaining 88.0% arrive from parties a portfolio cannot reach.

04

Who is getting sued

Two companies with market capitalization above $200 billion absorbed 2 of the 77 cases. 38 companies with no public listing absorbed 41 between them, and small listed companies under $2 billion absorbed a further 17.

Cases by defendant size

77 cases across 69 distinct telecommunications defendants.

Privately held38 companies
41
Small, under $2B15 companies
17
Large, $10B to $200B8 companies
9
Mid, $2B to $10B6 companies
8
Mega, above $200B2 companies
2

Telecommunications assertions land further down the size curve than the sector's public profile suggests. Private companies and listed companies under $2 billion together absorbed 58 of the 77 cases, or 75%. The two largest defendants faced one suit each. A campaign built on communications patents reaches equipment makers, resellers and service providers well below carrier scale.

05

What they assert on

Most asserted patents carry a primary CPC subclass. Two classes account for 58% of everything brought against telecommunications defendants, and both are dominated by non practicing assertions.

Asserted patents by technology area

171 patents with a primary CPC classification, split by asserting party type.

Network transmission H04L37.4% of asserted patents
64
Wireless networks H04W20.5%
35
Pictorial communication / video H04N9.4%
16
Small arms F41A4.7% · see method note
8
Telephonic communication H04M4.7%
8
Transmission systems H04B4.1%
7
Asserted by NPEsAsserted by operating companies
06

Two kinds of asserted patent

Patents asserted by non practicing entities differ from those asserted by operating companies on attributes visible in the public record. The operating company column here rests on a small sample and is reported with that limit attached.

Asserted patent profile, telecommunications defendants145 patent case records asserted by NPEs and 29 by operating companies across 9 cases.
AttributeAsserted by NPEsAsserted by op. co.Spread
Share acquired rather than original73.9%58.6%−15.3 pts
Median years from grant to suit10.97.61.4×
Median years from priority to suit18.212.41.5×
Average simple family size11.411.5level
Share that are continuations33.1%34.5%level
07

Two years of filings

Cases filed per quarter against telecommunications defendants

By asserting party type. 2026 Q3 is partial and the data ends 10 August 2026.

03060902024 Q3: NPE 5 · Operating 3 · Other 0 · Total 882024 Q32024 Q4: NPE 2 · Operating 2 · Other 0 · Total 442024 Q42025 Q1: NPE 6 · Operating 1 · Other 0 · Total 772025 Q12025 Q2: NPE 7 · Operating 1 · Other 0 · Total 882025 Q22025 Q3: NPE 12 · Operating 0 · Other 0 · Total 12122025 Q32025 Q4: NPE 16 · Operating 0 · Other 1 · Total 17172025 Q42026 Q1: NPE 14 · Operating 6 · Other 1 · Total 21212026 Q12026 Q2: NPE 12 · Operating 1 · Other 0 · Total 13132026 Q22026 Q3 (partial): NPE 22 · Operating 2 · Other 0 · Total 24242026 Q3
NPEOperating companyOther / unclassified

Non practicing filings rose from 5 in 2024 Q3 to 22 in the 41 days of 2026 Q3 covered by this data. Operating company filings stayed at or below six in every quarter, and reached zero twice. The partial quarter carries 24 cases in total, which exceeds all eight complete quarters before it. A forecast built on total filings in this industry tracks non practicing behavior almost exactly.

08

The one competitor suit

Across the full twelve months, one operating company filing against a telecommunications defendant was classified as a dispute between direct competitors. It is reproduced here in full because the category contains nothing else on that side.

  1. 2026-04-27

    Locus Location Systems, LLC v. PCTEL, Inc.

    1 patent · location and network testing · the only competitor filing in the window

    Competitive

The other eight operating company suits were classified as something other than direct competition, including assertions across industry lines and against parties in a supply relationship. Seven companies filed those eight cases, and one of them filed twice.

Competitive relationship labels come from model classification in the source data rather than from court findings. A single case is a count, not a rate, and a second competitor filing next quarter would double this category.

09

Portfolio attributes across all assertions

Acquired patents
70.3%
All industries: 49.9%
Median grant → suit
10.0yrs
All industries: 6.3 yrs
Median priority → suit
16.5yrs
All industries: 13.1 yrs
Continuations
32.6%
All industries: 44.5%
Avg simple family
11.2
All industries 17.3 · median here 8
Avg total claims
20.5
3.5 independent claims average

Telecommunications assertions are older and far more heavily acquired than the cross industry norm, at 70.3% acquired against 49.9% and nearly four years longer from grant to suit. Continuation share runs twelve points below average and family size sits a third below it. These are legacy communications portfolios asserted late in their term, and the profile matches what the entity mix predicts.

10

Most active asserters in window

Entities that do not practice

  • ReadyComm LLC5
  • CommPlex Systems LLC4
  • Active Wireless Technologies LLC3
  • BillSure LLC3
  • Data Fence LLC3

Operating companies

  • Acer, Inc.2
  • Adeia Media Holdings Inc.1
  • Adeia Technologies Inc.1
  • Apple Inc.1
  • Belkin International, Inc.1

BillSure LLC combines cases filed under two spellings of the name. One operating company filed twice and the rest filed once each. On the other side, 40 distinct entities brought 66 cases, with the largest at five. Neither list supports an asserter watchlist that would cover much of the exposure, and the technology classes do more predictive work than the names do.

Method & limits

Source. A patent litigation dataset of 21,217 patent case records across 7,841 distinct cases filed between 14 December 2017 and 10 August 2026, joined to 8,758 litigation parties and 21,165 asserter and defendant relationships. Industry is assigned on the defendant and entity type on the asserting party. The window runs from 21 August 2025 to 21 August 2026, and the latest filing anywhere in the data is dated 10 August 2026. Case counts are distinct cases, and patent level figures are averages over distinct patent case records. Family size is the INPADOC simple family member count, and technology area is the primary CPC subclass.

Definitions. Companies sued counts defendant records as the source data holds them, so spelling variants and affiliates of one group count separately, while asserter counts merge spelling variants of one name. A defendant is privately held when no market capitalization is on record for that entity, which places subsidiaries of listed companies in the private band. Size bands break at $2 billion, $10 billion and $200 billion. A company sitting exactly on a break falls in the higher band. Quarterly ranges describe the eight complete quarters from 2024 Q3 to 2026 Q2. Competitor suits are operating company suits in which at least one asserted patent is classified as a dispute between direct competitors. Technology area is the CPC subclass in first position on each patent, and the technology chart counts records asserted by non practicing entities and operating companies.

Classification is model assigned. Entity type, industry and competitive relationship are derived classifications rather than court designations or registry facts. Misreads on entity type run in one direction, with assertion entities labeled as operating companies. The non practicing share stated here therefore sits at the low end of its plausible range.

Known gaps. The dataset carries no outcome data of any kind, and venue is absent on most records in this period, so neither can be reported here. Continuation depth is unavailable, leaving only whether a patent is a continuation at all. Asserter names carry casing duplicates, which makes the per asserter counts lower bounds. 2026 Q3 covers filings through 10 August only and appears at reduced opacity throughout. Eight patents in this industry carry a primary classification of F41A, a firearms class, which points to defendant industry assignment picking up companies whose business spans more than one sector. Those eight are left in the counts and flagged rather than removed.

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