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.
If you are interested in having us represent you, you should call us so we can determine whether the matter is one for which we are willing or able to accept professional responsibility. We will not make this determination by e-mail communication. The telephone numbers and addresses for our offices are listed on this page. We reserve the right to decline any representation. We may be required to decline representation if it would create a conflict of interest with our other clients.
By accepting these terms, you are confirming that you have read and understood this important notice.