The analysis describes a recurring pattern rather than a single triggering event. Holland & Knight did not identify specific lawsuits, companies, or legislative responses, instead mapping a structural dynamic that has intensified over the past decade as secondary patent markets have matured and assertion economics have favored PAE acquisition strategies.
Attorneys should monitor this trend closely as 2026 unfolds. The convergence of maturing technologies moving from development to revenue generation, combined with active patent litigation in AI copyright (New York Times v. OpenAI), Supreme Court cases on patent eligibility and DMCA, and heightened IP enforcement activity, suggests that companies validating emerging technologies face mounting exposure to suits from failed competitors' patent portfolios. In-house counsel should audit patent landscapes in these sectors and consider acquisition risk as part of technology investment due diligence.