September 03, 2015 Articles

Octane and Highmark: One Year Later

After the standard for granting and reviewing attorney fee awards was relaxed, data show an increase in successful motions for them

By Alison Haddock Hutton and S. Neil Anderson

Patent litigation, more than any other civil litigation, is expensive to defend. A recent law review article summarized current statistics collected on the mean cost of litigation as follows:

  • In 2013, the mean total cost of patent litigation was $968,000 for litigations with less than $1 million at stake, and $5,911,000 where more than $25 million was at stake.

  • Fees for nonpatent litigations in the same year, by comparison, were estimated to range between $15,000 and $122,000, depending on the type of case.

See Gaia Bernstein, "The Rise of the End User in Patent Litigation," 55 B.C. L. Rev. 1443, 1483–84 (2014) (citing AIPLA, Report of the Economic Survey I-129 (2013)); Jared A. Smith & Nicholas R. Transier, "Trolling for an NPE Solution," 7 Hastings Sci. & Tech. L.J. 215, 218 (2015).

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