News & Resources

Publications & Media

What does it take to litigate a patent case?

Inside Counsel By Gregory P. Sitrick

Following is an excerpt:

I am often asked how much it costs to take a patent case through trial. And like most questions asked of a lawyer, the answer is usually, “It depends.” A number of factors can influence the cost of a patent case, many of which are out of the control of the litigating parties. A 2013 study conducted by the American Intellectual Property Law Association found that the median cost of a patent case is between $700,000 and $5.5 million, depending on how much is at stake in the case.

To better appreciate the costs involved, it helps to understand what it takes to litigate a patent case. The factors discussed below address, at a high level, the phases of a patent case in an attempt to help frame the costs, and they provide insight into when the parties should reevaluate both the legal and business strategies of a case in order to resolve the matter short of going to trial.