2017 Report of the Economic Survey

AIPLA Report of the Economic Survey 2017

M EDIAN L ITIGATION C OSTS ( CONTINUED )

$000 S

2005

2007

2009

2011

2013

2015 2017

P ATENT I NFRINGEMENT P URSUANT TO THE H ATCH -W AXMAN A CT ( I . E ., "ANDA L ITIGATION ") L ESS THAN $1M ILLION AT R ISK Initial case management N/A N/A

N/A N/A

N/A N/A

N/A

N/A

$25

Inclusive of discovery, motions, and claim construction (was End of discovery) Inclusive of pre and post-trial, and appeal when applicable (was Inclusive, all costs)

N/A

N/A

$300

$350 $163

N/A

N/A

N/A

N/A

$513

$650 $250

Cost of mediation (was Mediation)

N/A

N/A

N/A

N/A

N/A

$75

$40

$1-$10M ILLION AT R ISK

Initial case management

N/A N/A

N/A N/A

N/A N/A

N/A

N/A

N/A

$50

Inclusive of discovery, motions, and claim construction (was End of discovery) Inclusive of pre and post-trial, and appeal when applicable (was Inclusive, all costs)

N/A $1,000 $1,000 $300

N/A

N/A

N/A

N/A $1,800 $1,500 $288

Cost of mediation (was Mediation)

N/A

N/A

N/A

N/A

N/A $200

$68

$10-$25M ILLION AT R ISK

Initial case management

N/A N/A

N/A N/A

N/A N/A

N/A

N/A

N/A

$80

Inclusive of discovery, motions, and claim construction (was End of discovery) Inclusive of pre and post-trial, and appeal when applicable (was Inclusive, all costs)

N/A $2,500 $1,500 $400

N/A

N/A

N/A

N/A $4,000 $3,000 $750

Cost of mediation (was Mediation)

N/A

N/A

N/A

N/A

N/A $200

$65

M ORE THAN $25M ILLION AT R ISK Initial case management

N/A N/A

N/A N/A

N/A N/A

N/A

N/A

N/A $100

Inclusive of discovery, motions, and claim construction (was End of discovery) Inclusive of pre and post-trial, and appeal when applicable (was Inclusive, all costs)

N/A $3,250 $3,000 $500

N/A

N/A

N/A

N/A $6,000 $5,000 $1,100

Cost of mediation (was Mediation)

N/A

N/A

N/A

N/A

N/A $175 $125

P ATENT I NFRINGEMENT , D EFENDING C LAIMS OF P ATENT I NFRINGEMENT BY N ON -P RACTICING E NTITY L ESS THAN $1M ILLION AT R ISK Initial case management N/A N/A N/A

N/A N/A

N/A

N/A

$25

Inclusive of discovery, motions, and claim construction (was End of discovery) Inclusive of pre and post-trial, and appeal when applicable (was Inclusive, all costs)

N/A

N/A

N/A

$300

$300 $200

N/A

N/A

N/A

N/A

$600

$500 $500

Cost of mediation (was Mediation)

N/A

N/A

N/A

N/A

N/A $100

$25

$1-$10M ILLION AT R ISK

Initial case management

N/A N/A

N/A N/A

N/A N/A

N/A N/A

N/A

N/A

$50

Inclusive of discovery, motions, and claim construction (was End of discovery) Inclusive of pre and post-trial, and appeal when applicable (was Inclusive, all costs)

$750

$570 $500

N/A

N/A

N/A

N/A $1,250 $1,000 $850

Cost of mediation (was Mediation)

N/A

N/A

N/A

N/A

N/A $113

$35

$10-$25M ILLION AT R ISK

Initial case management

N/A N/A

N/A N/A

N/A N/A

N/A

N/A

N/A

$55

Inclusive of discovery, motions, and claim construction (was End of discovery) Inclusive of pre and post-trial, and appeal when applicable (was Inclusive, all costs)

N/A $1,500 $1,200 $713

N/A

N/A

N/A

N/A $2,400 $2,000 $1,250

Cost of mediation (was Mediation)

N/A

N/A

N/A

N/A

N/A $200

$50

M ORE THAN $25M ILLION AT R ISK Initial case management

N/A N/A

N/A N/A

N/A N/A

N/A

N/A

N/A $100

Inclusive of discovery, motions, and claim construction (was End of discovery) Inclusive of pre and post-trial, and appeal when applicable (was Inclusive, all costs)

N/A $2,500 $2,000 $1,100

N/A

N/A

N/A

N/A $4,000 $3,750 $2,000

Cost of mediation (was Mediation)

N/A

N/A

N/A

N/A

N/A $213

$63

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