Monday, November 7, 2011

10 Tips to Cut Costs in Patent Litigation



http://ow.ly/7lQHQ

An article by Joseph Drayton on law.com on the LTN webpage.

The article discusses the increasing costs of patent litigation and states, "In 2001, a typical patent dispute with potential damages of $1 to $25 million generated $1.5 million in legal fees and expenses. A trial over a similar patent dispute today would generate at least $3 million in legal fees and expenses."

The article discusses 10 tips, and provides narrative around each of the points made by the author.  The 10 topics discussed are as follows:

1. Build a strong relationship with outside counsel.

2. Ensure your lead trial counsel attorney participates in pretrial activities.

3. Create your trial team before discovery starts.

4. Invest to save.

5. Get to know your adversary.

6. Go for the win-win.

7. Identify your winning theme.

8. Don't go through the motions.

9. Retain an e-discovery partner.

10. Spend to save, invest in Markman.
With respect to point number 9, the article states, "A substantial part of the cost of litigation is review, identification, and organization of documents produced by all parties. An experienced e-discovery vendor and/or in-house technology staff can significantly reduce the cost associated with document production by, for example, using contract attorneys, who have substantial experience reviewing technical and marketing documents, to conduct an initial review of all documents."


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