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Are Experts Required?

By Benjamin Hershkowitz and Mark Raskin
August 01, 2005

One of the first things that a party does when planning a patent litigation or when sued for patent infringement is hire a phalanx of experts. However, what gets lost in the equation is the preliminary questions of “are all of these experts necessary?” and “will their testimony be accepted by the court?”

It is clear that patent litigations are complex. This is shown, for example, by the cost. The last AIPLA survey (from 2003) estimated that the cost of a single patent litigation through the end of discovery with between $1 million and $25 million at risk can often exceed $2 million and easily reach $4 million; the litigation will often run several years. Additional patents, secondary issues and greater financial risk can increase these costs dramatically. Expert fees are frequently the second largest component of the cost of a patent litigation after the fees of the attorneys involved in the case.

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