Intellectual Property Litigation

Intellectual property litigation is costly, especially patent litigation, where the cost of litigation could exceed $2.5 million USDAmounts in controversy less than $1 million USD often have a price tag that exceeds $500,000 USD.  For controversies where more than a $1 million USD is at stake, the cost of litigation often exceeds $1 million USD.  The average cost for patent litigation is about $2.5 million USD.  Of course, the actual cost of litigation varies with the case in controversy based on various factors. 

The aforementioned costs are reflective of attorney’s fees and expenses.  Although attorney’s fees account for the bulk of the costs, the majority of expenses are associated with discovery and expert witnesses, the latter of which is the most costly expense.

IP litigation does not require the services of a large “blue chip” law firm.  There are many smaller firms with talented patent litigators that initiate and respond to infringement allegations.  There are experienced litigators who will assert a patent for a contingent fee if the chances of prevailing are favorable. 

As a side note, patents and trademarks are not self-policing or policed by the community.  It is the owner’s responsibility to be knowledgeable of its intellectual property protection, monitor competitor activity, and review potentially infringing products and services.  Obviously, this can be done with a strategic plan that includes ongoing intellectual property portfolio management, the use of patent watch services, and the aid of competent intellectual property counsel (see Attorney Retainer Agreements page).

For more information about intellectual property enforcement, see the Patent Enforcement, Trademark Enforcement and Copyright Enforcement pages.

If you have a question about intellectual property litigation, askme at thedford@askmeip.com.