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The American Intellectual Property Law Association (AIPLA) has released results of its 2011 survey. Below are the average (mean) costs of litigation reported for patent, trademark and copyright infringement, and trade secret misappropriation. These costs reflect three levels of amount in controversy; through the end of discovery and through trial. The costs consist of outside and local counsel, associates, paralegal services, travel and living expenses, fees and costs for court reporters, copies, couriers, exhibit preparation, analytical testing, expert witnesses, translators, surveys, jury advisors, and similar expenses.                                          

 

Average (Mean) Intellectual Property Litigation Costs*
Litigation Type	Amount In Controversy	End of Discovery	Through Trial
PATENT	< 1M	$490K	$916K
	$1M-$25M	$1.6M	$2.8M
	> $25M	$3.6M	$6M
TRADEMARK	< 1M	$214K	$401K
	$1M-$25M	$607K	$1M
	> $25M	$1.2M	$2.2M
COPYRIGHT	< 1M	$216K	$384K
	$1M-$25M	$543K	$932K
	> $25M	$1.22M	$2M
TRADE SECRET MISAPPROPRIATION	< 1M	$303K	$521K
	$1M-$25M	$877K	$1.6M
	> $25M	$1.9M	$3.2M

 

*The above costs exclude judgments and damages awarded.