Remember when patent disputes were about who invented something first? In 2025, the question is evolving into who or what gets to invent at all due to AI-generated technologies, overlapping ownerships and open-source code integration.

This isn’t just a legal drama, it’s a survival manual for inventors, startups and attorneys. In this blog, we’ll unpack the biggest patent infringement trends, impactful legal decisions and actionable strategies that helped companies navigate the IP storm of 2024. A structured product mapping approach to patent infringement can help avoid costly disputes.

Patent Infringement: A Quick Refresher

What is Patent Infringement?
Using, making, selling or importing a patented invention without the owner’s permission intentionally or not.

Patent infringement

Types of Infringement:

  • Direct Infringement
    Copying or using the patented invention as described.
    e.g., Manufacturing an identical product without a license.
  • Indirect Infringement
    Assisting or inducing another to infringe.
    e.g., Supplying parts specifically designed for a patented system.
  • Willful Infringement
    Knowingly violating a patent can trigger up to triple damages.

Patent Search Step-by-Step Guide.

Legal Consequences:

  • Injunctions halting production/sales
  • Substantial financial damage
  • Licensing under pressure or costly settlements
  • Reputational damage and lost market trust

Understanding these basics is essential before diving into what’s evolving in 2025’s landscape of patent and infringement. 

Learn more about the patent pending process here.

Key Trends in Patent Infringement – 2025

1. AI-Generated Patent Disputes

  • Explosion of AI innovations has raised questions around inventorship and ownership.
  • Patent offices are grappling with how to protect machine-generated outputs and patent infringement lawsuits over algorithms and model training methods are increasing.
  • Companies are seeing rising claims around algorithms and model training methods.

Learn more about the challenges in preparing patents for emerging technologies like AI here.

2. Rise in International Litigation

  • Globalization means more cross-border disputes in China, Germany, India.
  • Conflicting legal standards complicate enforcement and raise costs.
  • These cases demonstrate the importance of international strategy when managing patent legal cases.

Learn more about the top law firms that can handle international patent cases here.

3. Patent Trolls and NPEs Persist

  • Non-practicing entities are aggressively targeting tech firms and startups.
  • While reform efforts continue, these patent violation examples show many still exploit legal loopholes for settlements.

4. Shifts in the U.S. Supreme Court & USPTO Policy

  • SCOTUS rulings are tightening what’s patentable (especially software/biotech).
  • Expect updated USPTO guidance around AI and biotech filings.

Notable Case Studies (2024–2025)

1. OpenAI vs. Stability AI – AI Model IP Clash

Issue: Alleged unauthorized use of OpenAI’s architecture and training data.
Impact: Sparked major debate over protecting AI model structures and datasets.

2. Apple vs. Masimo – Wearable Health Tech

Issue: Patent claims around pulse oximetry in Apple Watch.
Outcome: Import ban on certain Apple Watches in 2024.
Impact: Demonstrates how famous patent infringement cases can disrupt global markets.

3. Bayer vs. Generic Pharma – CRISPR Technology Battle

Issue: Infringement claim on gene-editing tech vs. challenge over prior art.
Impact: Highlighted how fast-evolving biotech demands rigorous novelty checks.

Industry-Specific Implications

Tech Sector

  • Prepare for rising AI model-related disputes.
  • Ensure your team considers both patentability and open-source risks to avoid patent infringement down the line.

Biotech & Pharma

  • Gene editing and synthetic biology patents are heavily contested.
  • IP strategy must anticipate both patent legal cases,  global filings and challenges.

Consumer Electronics

  • Wearables and smart devices are the new IP battleground.
  • Even small players must stay alert to avoid infringement traps.

How to Protect Your Innovation in 2025

Best Practices

  • File Early: Use provisional filings if full patents take time.
  • Run Patentability Searches: Avoid costly surprises before launch.
  • Use NDAs: Especially in early-stage collaboration.
  • Monitor Competitors: Stay alert with IP watch services.
  • Train Teams: Ensure product and dev teams understand IP basics.

Legal Tools & Portfolio Strategy

  • Diversify Protection: Combine patents, trademarks, copyrights, and trade secrets.
  • Go Global: Use the PCT for international filings.
  • Leverage Licensing: Cross-license and monetize safely.
  • Defensive Publishing: Stop others from patenting what you disclose.

Challenges & Opportunities Ahead

Challenges

  • Defining inventorship for AI-generated inventions
  • Navigating multi-jurisdiction patent and infringement disputes
  • Rising litigation costs for SMEs

Opportunities

  • Using AI for faster, smarter IP searches
  • Growth of mediation and ADR methods
  • Licensing in developing markets with rising IP awareness

Conclusion: Key Takeaways

Patent infringement in 2025 is shaped by AI, global legal shifts, and increasing complexity. Whether you’re protecting biotech, AI models, or wearable tech, an airtight IP strategy is essential.

Learn from famous patent infringement cases, track ongoing trends, and consult experienced IP counsel to future-proof your innovation.

At Emanus, we help you stay proactive, not reactive. Don’t wait for a lawsuit to secure your legacy. Start now.

Protect smarter. Innovate bolder. 

FAQs

What is an example of patent infringement?
Using someone else’s patented technology without permission is a classic patent violation example.

 

Is patent infringement a felony?
No, it’s a civil issue, not a criminal offense.

 

What should I do if I am being sued for patent infringement?
Contact a patent attorney and gather all relevant documents.

 

How to prove patent infringement?
Show that the accused product uses each part of a patented claim.

 

What qualifies as an infringement?
Making, using, selling or helping others use a patented invention without permission.

 

How much does a patent infringement lawsuit cost?
It can cost anywhere from $500,000 to several million dollars.