Increasing the number of patents spikes costly and time-intensive litigation.
Marrs ’16 [Julian; 2016; J.D. from the University of Oregon School of Law; Oregon Review of International Law, “Forever Green? An Examination of Pharmaceutical Patent Extensions,” vol. 18]
Litigating the validity of a patent can be intensive and time-consuming. For example, the expense of litigating a Paragraph IV challenge can be in the millions of dollars. 37 The length of time that litigation can take may also deter generic manufacturers from challenging pharmaceutical patents. By the time that the litigation is resolved, the secondary patent may have expired, essentially granting the effect of a valid patent to the non-generic drug producer. 38 Evergreening also allows for protection during the litigation process, a process which is structurally favorable to the patent holder. 39 Patent litigation in the pharmaceutical industry is notoriously risky and resource intensive, and it becomes more so where more patents and claims are involved. 40 The high risk of trying to litigate against those with systemic advantages eliminates potential challengers without the resources to wage multiyear patent battles. 41