Morrison & Foerster’s Benchmarking IP Litigation 2019 study finds that IP litigation spend has skyrocketed, nearly doubling in 15 years
SAN FRANCISCO (August 7, 2019) – Morrison & Foerster, a leading global law firm, is pleased to present the findings of its new study, Benchmarking IP Litigation 2019, a look into the current state of intellectual property (IP) litigation. The report was developed from in-depth interviews with top IP legal decision-makers from 53 companies with at least $750 million in revenue to better understand IP litigation trends, including spend, types of matters, jurisdiction, and management. The report covers detailed findings and commentary from these decision-makers, along with guidance and key considerations for companies as they determine their global IP strategies.
The study found that although companies are handling a decreasing number of IP matters, spending on IP matters is growing as they becoming increasingly larger, complex, international, and multijurisdictional in nature. The average exposure for large companies in “bet-the-company” cases is over $1 billion, with the high end at $2 billion. Maturing patent courts in Europe and China are becoming popular outlets for disputes, and new technology has blurred the lines between industries, subjecting companies to risk and challenges from new sources.
Some key findings from the report include:
“As litigation becomes more significant, complex, and multi-jurisdictional for companies, top IP legal decision-makers need to adopt a global approach to IP, stay abreast of developments in key jurisdictions, and partner early with counsel who can provide sound advice quickly to minimize costs and risks,” said Richard S.J. Hung, co-chair of Morrison & Foerster’s Intellectual Property Practice Group.