In sum, being a defendant in a multi-defendant case certainly can save costs but it also can add costs that otherwise would not be imposed, in terms of complexity and complications to the defendant. There are some advantages to be gained by cost sharing and by the benefit of being one of many defendants in a case. However, the complexities and complications offset those advantages, sometimes to the extent that they overwhelm any advantages.

+ The views expressed in this paper are those of the authors only.

* Brian M. Buroker is a registered patent attorney with Hunton & Williams’ Intellectual Property Practice Group. Mr. Buroker’s practice focuses on ecommerce, business method and software patent litigation, licensing, complex patent prosecution and counseling. Mr. Buroker has extensive litigation experience related to software-related innovations. In addition, Mr. Buroker has handled a number of litigations involving multi-defendant situations for both plaintiff and defendants. Mr. Buroker holds electrical and computer engineering degrees from N.C. State University and a law degree from Georgetown University. Mr. Buroker also served as a judicial law clerk to the Honorable William C. Bryson for the United States Court of Appeals for the Federal Circuit. See: http://www.hunton.com/bios/bio.aspx?id=14867&tab=0013.

** Maya M. Eckstein is an attorney with Hunton & Williams’ Intellectual Property Practice Group. Ms. Eckstein’s practice focuses on ecommerce, business method and software patent litigation, licensing and counseling. Ms. Eckstein has extensive experience in complex litigation, relating both to patents and other matters. She has handled a number of litigations involve multi-defendant situations for both plaintiff and defendants. Ms. Eckstein holds a