How Much Does Patent Litigation Cost? Markman and Claim Construction Budget Drivers
Patent litigation cost is not a single number. It is a staged budget that changes with the patents asserted, the accused technology, venue, discovery burden, claim construction, expert work, damages theory, case-narrowing motions, trial posture, and appeal risk. Public survey data, including the American Intellectual Property Law Association (AIPLA) 2025 Report of the Economic Survey, can provide broad benchmarking, but the practical question is what must be funded before the next leverage point.