Litigation Trends to Watch: Claims Surge Over Tech Patents, Cargo Losses and Website Currencies

Litigation Trends to Watch: Claims Surge Over Tech Patents, Cargo Losses, and Website Currencies

As of August 30, 2025, the legal landscape is witnessing a notable uptick in claims across several high-stakes areas, driven by technological advancements, supply chain disruptions, and evolving digital commerce practices. This analysis draws on recent court filings, industry reports, and expert insights to highlight three key trends: surging disputes over technology patents, increased litigation related to cargo losses amid global trade volatility, and rising claims involving website currencies—likely referring to digital payments, cryptocurrencies, or embedded financial tools on e-commerce platforms. These trends reflect broader economic pressures, including inflation, geopolitical tensions, and regulatory scrutiny, leading to more aggressive enforcement and higher potential damages.

1. Claims Surge Over Tech Patents

Patent litigation, particularly in the technology sector, has seen a dramatic resurgence in 2025, with filings up 22% in U.S. federal courts compared to 2024, according to the Lex Machina 2025 Patent Litigation Report. This marks a reversal of post-2021 declines, fueled by non-practicing entities (NPEs)—often called “patent trolls”—accounting for over 88% of high-tech cases. Total damages awarded in 2024 alone reached a record $4.3 billion, with projections for 2025 exceeding $5 billion due to ongoing AI and semiconductor disputes.

Key drivers include:

• AI and Deep Tech Overlap: Rapid innovation in artificial intelligence, quantum computing, and biotechnology has crowded the patent space, leading to frequent infringement claims. For instance, deep tech firms face a 12% year-over-year increase in biotech patent suits, while software patents comprise 30% of all litigation. High-profile cases like VLSI Technology LLC v. Intel Corporation resulted in a $948.76 million verdict in early 2025, highlighting risks for semiconductor giants.
• NPE Activity and Venue Shifts: NPEs, such as Patent Armory Inc., filed over 123 suits in 2024, targeting e-commerce and call-center tech. Venues like the Eastern District of Texas (EDTX) remain hotspots, handling 12 major cases in H1 2025, while the Western District of Texas (WDTX) saw a surge in AI-related filings despite rule changes. The District of Delaware’s transparency requirements on third-party funding have driven a 14% drop in NPE cases there.
• Global and Emerging Tech Focus: Internationally, the Unified Patent Court (UPC) launch has spurred cross-border disputes, with video coding patents (e.g., H.264/HEVC) declining post-pandemic but AI patents rising 100% since 2022. In the U.S., ex parte reexaminations hit record highs as alternatives to PTAB challenges, up 100% in H1 2024.

Implications: Operating companies like Samsung (sued every 5 days in 2024) and Google face escalating costs, with average attorney fees at $1.5 million per case. Startups should prioritize freedom-to-operate analyses and licensing to mitigate risks, as 97% of cases settle but trials favor patentees (74% jury win rate). The Supreme Court’s Loper Bright decision (overturning Chevron deference) adds uncertainty to USPTO rules, potentially spurring more challenges.

2. Claims Surge Over Cargo Losses

Cargo loss litigation has spiked in 2025, with claims up 13% in Q2 alone, driven by geopolitical disruptions, theft, and extreme weather. CargoNet reported 884 incidents in Q2 2025 across the U.S. and Canada, totaling over $128 million in losses—a 10% quarterly increase and 13% year-over-year rise. Annual losses hit a record $455 million in 2024, with projections for 2025 surpassing $500 million amid Red Sea conflicts and port congestion.

Key factors include:

• Geopolitical and Supply Chain Disruptions: Rerouting around the Cape of Good Hope due to Houthi attacks has increased container losses by 62% (from 355 in 2024 to 576 in 2025, per the World Shipping Council). Fires and explosions remain the top cause of marine claims (18% of value, €1.65 billion analyzed 2017-2021), exacerbated by misdeclared dangerous goods like lithium-ion batteries.
• Theft and Attritional Losses: Organized crime targeted high-value freight, with food/beverage thefts up 68% and metals (e.g., copper) surging 96%. California (33% rise) and Texas (39% rise) account for 46% of U.S. incidents, with Dallas County seeing a 78% spike. Inflation has compounded costs, with vessel values up 26% to $1.2 trillion globally.
• Insurance and Regulatory Pressures: Allianz Global Corporate & Specialty (AGCS) notes cargo damage as the most frequent claim (75% of ocean losses), with extreme weather (e.g., typhoons) contributing 25%. The Carriage of Goods by Sea Act (COGSA) time bars (12 months) are increasingly litigated, alongside demands for better documentation to avoid disputes.

Implications: Shippers and carriers face heightened liability under COGSA and insurance policies, with nuclear verdicts rising 27% in product-related suits. Proactive measures like enhanced documentation and cybersecurity (e.g., against ransomware) are essential, as Allianz predicts continued volatility from net-zero transitions and sanctions.

3. Claims Surge Over Website Currencies

Litigation over “website currencies”—interpreted as digital currencies, payment systems, or crypto-integrated e-commerce tools—has accelerated in 2025, with class actions up significantly amid regulatory shifts and fraud schemes. Financial services suits, including those tied to website-based crypto exchanges and payment fraud, are projected to rise, with six crypto class actions filed in H1 2025 (nearly matching 2024’s total). Broader consumer litigation, including TCPA violations via website tracking, remains elevated.

Key developments:

• Crypto and Digital Asset Disputes: U.S. filings hit 114 securities cases in H1 2025, with crypto suits focusing on fraud and unregistered securities. Exchanges face accountability for platform hacks (e.g., $750M in “Hacktober” losses), with claims under consumer protection laws like California’s Unfair Competition Law surging. Internationally, Singapore courts clarified crypto location (“where controlled”) and valuation in cases like Cheong Jun Yoong v. Three Arrows Capital.
• Payments and Tracking Tech: Payments litigation is intensifying with ACH/wire fraud and state interchange fee regulations. CIPA suits target website tools like Meta Pixel and Google Analytics, with over 200 class actions in 2024 alleging unauthorized data collection. AI-powered chatbots and session replay software are increasingly challenged for wiretapping violations.
• Regulatory and Global Trends: Post-FTX insolvencies (e.g., Celsius, Voyager) have led to cross-border proceedings, with arbitration challenges under consumer laws rising. In the UK, APP fraud reimbursement rules (up to £85,000) may shift more claims to courts for larger amounts.

Implications: Businesses using website-integrated currencies or tracking face multimillion-dollar exposures, with mass arbitration rising. Affirmative consent banners and just-in-time disclosures can mitigate CIPA risks, while crypto firms should prepare for proprietary tracing claims. The CFPB’s potential slowdown under new leadership may boost state AG actions.

These trends underscore a litigious environment where proactive IP management, supply chain resilience, and digital compliance are critical. Companies should conduct regular audits and consider insurance enhancements to navigate the surge.