2017 Report of the Economic Survey

AIPLA Report of the Economic Survey 2017

Two-thirds of respondents (67.1%) indicate that, in their experience, there is a strong correlation between the amount at risk in a patent infringement action and the overall attorney hours required to litigate the action. 64.0% say the total cost of asserting a patent infringement action is about the same as the total cost of defending such an action. Those that indicate it is not the same reported that the cost of asserting is 91.1% of the cost of defending.

STRONG CORRELATION BETWEEN AMOUNT AT RISK IN PATENT INFRINGEMENT ACTION AND THE OVERALL HOURS REQUIRED TO LITIGATE THE ACTION (P. I-160, Q36E)

Yes 67.1%

No 32.9%

TOTAL COST COMPARISON OF ASSERTING PATENT INFRINGEMENT ACTION TO TOTAL COST OF DEFENDING (P. I-161, Q36F)

Cost is About the Same

64.0%

36.0% Average Cost of Asserting as a Percent of the Cost of Defending - 91.1% Cost of Asserting Differs from Cost of Defending

50