AIPLA Survey
So, just how costly is an IP lawsuit? The American Intellectual Property Law Association conducts a bi-annual study of the costs associated with IP law. As part of this study, they issue a survey to law firms and corporations asking for typical costs of IP litigation, based on the amount in controversy. Below are the mean (average) costs of litigation reported for patent, trademark and copyright infringement. These costs are based upon three categories of amounts at risk, and are presented as of two stages of a suit – through the discovery period and inclusive of discovery, motions, hearing and post-hearing. The costs consist of outside as well as local counsel, associates and paralegal services, travel and living expenses, fees and costs for court reporters, copies, couriers, exhibit preparation, analytical testing, expert witnesses, translators, surveys, jury advisors, and similar expenses. Awards and damages are not included in the results.
| Patent Infringement Suit | |||
| $ at Risk | < $1MM | $1MM-$25MM | > $25MM |
| End of Discovery | $461,000 | $1,589,000 | $3,340,000 |
| Inclusive, all costs | $767,000 | $2,645,000 | $5,499,000 |
| Trademark Infringement Suit | |||
| $ at Risk | < $1MM | $1MM-$25MM | > $25MM |
| End of Discovery | $184,000 | $437,000 | $868,000 |
| Inclusive, all costs | $327,000 | $790,000 | $1,586,000 |
| Copyright Infringement Suit | |||
| $ at Risk | < $1MM | $1MM-$25MM | > $25MM |
| End of Discovery | $179,000 | $435,000 | $838,000 |
| Inclusive, all costs | $310,000 | $749,000 | $1,292,000 |
