Patent litigation has been and remains a very expensive undertaking. According to the American Intellectual Property Association (AIPLA) 2013 economic survey, even a small stakes patent litigation1 can incur average attorney service fees of $500,000 through the discovery phase. This cost can increase to over $3 million for large-stakes cases proceeding to trial.2 The high cost of patent litigation can be attributed to uncertainties in the outcome. In order to present their best case, both plaintiffs and defendants aggressively seek to improve their positions on all legal and technical issues. A “leave no stone unturned” approach can increase the cost of patent litigation tremendously. Arguably, the financial crisis of Fall 2008 did affect patent litigation by bringing cost-pressure to conducting litigation proceedings, in the same manner that the financial crisis heightened cost pressure in many service sectors. In an uncertain financial climate, cost-conscious parties had to exercise selectivity in the legal and technical theories advanced in patent cases.