How long will it take for the case to start and finish after a company sews another for a patent infringement?

These comments are made for educational purposes only and do not constitute legal advice. No attorney-client relationship exists between us.

Depending on the judge and docket congestion, it could take 12-18 months to get to trial. Add 12 months if there is an appeal. These are just estimates.

Patent Infringement Litigation is among the most complicated, most expensive, and longest forms of litigation. If everything goes to plan, you may be in trial within 18 months. However, it can often drag out for years. If you add in an Appeal, that could add another year.

However, on average only 2.5% of patent infringement lawsuits actually make it to a trial. Most, are settled out of court or dropped.

The average cost to fund the legal fees, etc. of a patent infringement lawsuit are around $1million.

Thus, it is not something to be taken lightly.

There are two different ways to sue for patent infringement, depending on who is doing the infringing. Basically, if the infringer is not importing the infringing item, then a federal district court is where the suit will occur. If filed in one of the "rocket docket" districts, you could expect a trial to begin in about 18 months, and a decision within about three months of that. If not filed in a fast track jurisdiction, expect two years to trial, and a decision within three months. If the infringer is importing the infringing item, then a complaint may be filed at the United States International Trade Commission, which will, by law, complete the action within 15 months, unless the case is determined to be complicated, which will then be completed in 18 months. Of course, in any event, appeals can drag on for years.