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 , S ECTION 337 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

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)

$375

$500 $200

N/A

N/A

N/A

N/A

$550

$750 $250

Cost of mediation (was Mediation)

N/A

N/A

N/A

N/A

N/A $100

$30

$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 $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)

$750 $1,000 $500

N/A

N/A

N/A

N/A $1,800 $1,600 $675

Cost of mediation (was Mediation)

N/A

N/A

N/A

N/A

N/A $113

$50

$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 $120

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 $2,000 $1,000

N/A

N/A

N/A

N/A $3,000 $4,000 $1,300

Cost of mediation (was Mediation)

N/A

N/A

N/A

N/A

N/A $150

$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 $275

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 $3,000 $3,250 $1,875

N/A

N/A

N/A

N/A $5,000 $5,000 $2,000

Cost of mediation (was Mediation) P OST -G RANT ( WAS I NTER P ARTES ) P ROCEEDINGS Through filing petition

N/A

N/A

N/A

N/A

N/A $250

$75

N/A N/A N/A N/A

N/A N/A N/A N/A

N/A N/A N/A N/A

N/A N/A N/A N/A

N/A N/A N/A N/A

$80 $100 $200 $200 $275 $250 $350 $350

Through end of motion practice

Through PTAB hearing

Through appeal

T RADEMARK I NFRINGEMENT L ESS THAN $1M ILLION AT R ISK Initial case management

N/A

N/A

N/A

N/A

N/A

N/A

$15

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)

$200

$150

$175

$200

$150

$150 $150

$300

$255

$300

$350

$300

$325 $300

Cost of mediation (was Mediation)

N/A

N/A

N/A

N/A

N/A

$50

$20

$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

$25

$350

$263 $275

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

N/A

$550

$500 $475

Cost of mediation (was Mediation)

N/A

N/A

N/A

N/A

N/A

$75

$30

$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

N/A

$38

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)

$500

$400 $400

N/A

N/A

N/A

N/A $1,000

$720 $750

Cost of mediation (was Mediation)

N/A

N/A

N/A

N/A

N/A $100

$50

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