HOUSTON - More than 1,500 trade secret filings were filed in federal courts across the nation last year, the highest total ever recorded.
Lex Machina recently released its 2026 Trade Secret Litigation Report, analyzing the latest trends and insights from federal court litigation involving claims for misappropriation of trade secrets over the past decade.
While the Central District of California was the most active venue for trade secret litigation in 2025, the report found that the Southern District of Texas is the seventh most active venue with 127 trade secret cases filed over the past three years.
The Northern District of Texas ranks ninth, with 117 cases over the same period.
“The Trade Secret Litigation Report highlights just how high-stakes and complex these cases have become,” said Eric Wright, senior vice president of Lex Machina. “From 2023 to 2025, cases that reached trial took a median of 1,124 days, while juries awarded more than $716 million in actual damages and $510 million in punitive damages.
“These findings give practitioners concrete benchmarks for assessing risk, timing, and potential exposure in trade secret disputes.”
On the judicial side, the report found leading district judges for trade secret litigation are also among the leaders for federal judges involved in patent litigation, which includes Judge Alan Albright of the Western District of Texas.
Judge Albright, who used to handle more patent cases than any other judge in the nation, saw 26 trade secret cases filed in his court over the past three years, making him the second most active judge.
Judge Charles Eskridge III of the Southern District of Texas is sixth while Judge Robert Pitman of the Western District of Texas came in ninth.
“A relatively small group of judges see repeated trade secret cases, particularly in high-volume districts,” the report states. “Frequent exposure can shape judicial management patterns, including expectations for trade secret identification and early injunction records.
“The leading district judges for trade secret litigation are also among the leaders for federal judges involved in patent litigation in the United States.”
LexMachina is a LexisNexis company. Click here to request a copy of the report.
