Why You Should Consider Bifurcating Patent Damages

Law360, New York (July 10, 2014, 9:35 AM EDT) -- Patent litigation is bet-the-company litigation for many companies, and high stakes for almost every company. Unfortunately, that is often true even where the damages sought are relatively modest. The cost of defending against patent litigation is significant, regardless of the amount at risk in the suit. Defending a patent litigation through trial costs at least $1 million, and typically considerably more than that. The "average" patent litigation defense costs between $2 million and $3 million.

Many think that it is not a burden on larger companies because they can absorb the fees. But larger size generally creates a larger volume of...

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