Patent Law

In a presentation titled, "U.S. Patent Law ? A Procedural Overview" by Fox Rothschild LLP, a cost estimate for the various steps of a patent infringement case is included.  These costs are as follows:

i.     Prefiling investigation ~ $5,000.
ii.    Preparation and filing of complaint ~ $3,000.
iii.   Initial Disclosures ~ $3,000.
iv.   Preparation of Proposed Scheduling Order ~ $3,000.
v.    Preparation of discovery requests ~ $15,000 to $20,000.
vi.   Preparation of discovery request responses ~ $15,000 to $20,000.
vii.  Preparation for and participate in defensive or offensive deposition ~ $15,000 per witness.
viii. Expert discovery: ~$15,000 per expert report on infringement; ~$15,000 per expert report on validity; and between ~$50,000 to $100,000 per report on damages.
ix.   Prepare for and defend/take expert deposition ~ $15,000 per expert.
x.    Expert witness fees ~ $25,000 per technical witness and ~$50,000 for damages expert.
xi.   Preparation of claim construction and/or summary judgment brief on infringement or validity ~ $20,000 to $30,000 per brief.
xii.  Preparation for and attend claim construction or summary judgment hearing: with expert testimony ~ $30,000, without expert testimony ~$20,000.

Pretrial activities - Preparation of case-in-chief:
     Deposition designations ~ $5,000 per witness.
     Trial consultants ~ $25,000 to $50,000.
     Mock trial, if any ~$100,000+
     Motions in limine ~$5,000 each.
     Pretrial brief ~$25,000.
     Pretrial activities week before trial: $40,000 legal fees and $40,000 expert witness fees.

Two Week Trial:
     Counsel fees (2 attorneys) ~ $120,000.
     Expert witness fees for 3 witnesses ~ $40,000.
     Food and lodging ~ $60,000.

Total Litigation Costs ~$1.3 million

See the full presentation here.