IP: Why Do Patent Cases Cost So Much to Get Through Trial?

Complicated damages analysis, the role and review of expert opinions, and the likelihood of de novo review all drive up the costs of patent litigation.

March 26, 2013

It is no secret that patent cases are some of the most expensive cases to get through trial. There has been growing concern in the commentary and in Congress that the costs of patent litigation introduce an unacceptable risk to patent litigants of taking their cases to trial. It may be a surprise that the costs and risks of patent litigation are made worse, not better, by recent scrutiny of large patent verdicts and by the likelihood of appellate intervention in trial court decisions. Complicated damages analysis, the role and review of expert opinions, and the likelihood of de novo review all drive up the costs of patent litigation..

The articles on our website include some of the publications and papers authored by our attorneys, both before and after they joined our firm. The content of these articles should not be taken as legal advice. The views and opinions expressed in this article are those of the author(s) and do not necessarily reflect the views or official position of Robins Kaplan LLP.

Disclaimer

Jake M. Holdreith

Partner

Member of the Executive Board

Related Publications

June 2020
Trade Secrets: Safe as Houses
Christopher Larus, David Prange, Alyssa Bixby-Lawson - Intellectual Property Magazine
June 4, 2020
May 6, 2020
Hatch-Waxman Litigation Venue Update Post-Google
Kelsey McElveen, Ellen Levish - Bloomberg Law
May 4, 2020
Explaining The Almost Unexplainable: Source Code Evidence At Trial
David Prange, Benjamen Linden - LegalTech News
April 7, 2020
Protecting Confidential Information When Sheltering in Place
David Prange, Chris Larus - Corporate Counsel
Back to Top