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 P URSUANT TO THE H ATCH -W AXMAN A CT ( I . E ., "ANDA L ITIGATION ") 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
$25
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
$300
$350 $163
N/A
N/A
N/A
N/A
$513
$650 $250
Cost of mediation (was Mediation)
N/A
N/A
N/A
N/A
N/A
$75
$40
$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
$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)
N/A $1,000 $1,000 $300
N/A
N/A
N/A
N/A $1,800 $1,500 $288
Cost of mediation (was Mediation)
N/A
N/A
N/A
N/A
N/A $200
$68
$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
$80
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 $2,500 $1,500 $400
N/A
N/A
N/A
N/A $4,000 $3,000 $750
Cost of mediation (was Mediation)
N/A
N/A
N/A
N/A
N/A $200
$65
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 $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)
N/A $3,250 $3,000 $500
N/A
N/A
N/A
N/A $6,000 $5,000 $1,100
Cost of mediation (was Mediation)
N/A
N/A
N/A
N/A
N/A $175 $125
P ATENT I NFRINGEMENT , D EFENDING C LAIMS OF P ATENT I NFRINGEMENT BY N ON -P RACTICING E NTITY 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
$25
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
$300
$300 $200
N/A
N/A
N/A
N/A
$600
$500 $500
Cost of mediation (was Mediation)
N/A
N/A
N/A
N/A
N/A $100
$25
$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
$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)
$750
$570 $500
N/A
N/A
N/A
N/A $1,250 $1,000 $850
Cost of mediation (was Mediation)
N/A
N/A
N/A
N/A
N/A $113
$35
$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
$55
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 $1,200 $713
N/A
N/A
N/A
N/A $2,400 $2,000 $1,250
Cost of mediation (was Mediation)
N/A
N/A
N/A
N/A
N/A $200
$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 $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)
N/A $2,500 $2,000 $1,100
N/A
N/A
N/A
N/A $4,000 $3,750 $2,000
Cost of mediation (was Mediation)
N/A
N/A
N/A
N/A
N/A $213
$63
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