A Simple Way To Manage Costs In Patent Litigation

By Andrew Michaels, George Washington University Law School (December 14, 2016, 10:00 AM EST) -- The high cost of patent litigation is often lamented.[1] Expert reports and expert discovery comprise a significant portion of such costs.[2] In its recent report on Patent Assertion Entity Activity, the U.S. Federal Trade Commission counseled that "any measures that reduce discovery burden and costs while ensuring discovery of information appropriate to the case should be considered."[3] One underutilized tool to help keep patent litigation costs down could be for parties to propose or agree to page limits on expert reports....

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