Part of the increase in trade secret litigation is linked to changes in patent laws and a less restrictive regulatory environment for trade secrets that can allow greater flexibility in litigation strategies with less risk and potentially great return.

First, patent laws have increasingly made litigation less attractive to certain businesses seeking to enforce and protect their intellectual property. A party seeking to enforce its patent rights can face considerable hurdles before a claim can make it to a jury, with narrow paths to victory and a significant risk of reversal on appeal. The Supreme Court has tightened patent eligibility rules, and patent damages awards have been under pressure for some time now.