In today’s knowledge-based economy, procuring and protecting intellectual property is a critical aspect of maintaining a competitive advantage in the marketplace. While procuring patents is relatively inexpensive, enforcing those patent rights can be very expensive. According to the 2011 AIPLA Economic Survey, a patent litigation costs on average between $2 million to $8 million. Furthermore, there is much uncertainty associated with litigating a patent case before a lay jury and judge. In view of these circumstances, how does an IP owner justify spending millions of dollars to achieve uncertain results? As a result, patent litigations were historically limited to IP owners with great financial resources.
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