How You Can Benefit From A Patent Litigation Contingency Fee Agreement

By Lena Stephenson


A patent is a restricted and a publicly recognized right to use a certain kind of invention. Infringement occurs if someone else other than the person who owns the patented invention uses, makes or sells it. Patent litigation is the lawsuit, which arises from a patent infringement dispute.

A person can only win a patent infringement case if he or she proves that the offending party used a patented idea or technology without permission. The defendant may then try to demonstrate that the patent is either unenforceable, invalid or has not been infringed on. The fees that attorneys charge to represent individuals or companies that are filing such cases are usually high. In order to reduce these expenses, a plaintiff can take advantage of a patent litigation contingency fee arrangement.

People who opt for contingent fee agreements are usually able to reduce their out of pocket costs. These agreements eliminate attorney fees, but plaintiffs still have to meet the costs of litigation. These costs include those associated with traveling, paying expert witnesses, depositions and transcripts as well as filing fees.

A contingency fee agreement can also give you the best opportunity to file a lawsuit that may have been too expensive to file. This arrangement also helps lower the risk of litigation. You will only pay an intellectual property attorney if the outcome is good. In this arrangement, the attorney will also have the incentive to settle your case if settling it is beneficial for you.

As an intellectual property infringement case is progressing, the offender and his or her attorney can offer to settle the case by paying a settlement amount that is lower than the amount a plaintiff is seeking. If a weakness has appeared in the lawsuit, a lawyer can advise the plaintiff to consider settlement. Nevertheless, if the lawyer is confident of a good outcome, he or she can advise the client to wait for the case to be tried because a larger settlement amount will also benefit him or her.

If a lawyer is working on a contingency fee basis, he or she will also try to make the litigation process less time consuming and more cost effective. Law firms that bill clients on an hourly basis, often conduct many lengthy depositions, send several lawyers to hearings and conferences and prepare long pleadings. This usually increases the number of billable hours. Thankfully, this does not happen in contingent fee cases.

Before they agree to take on a case involving intellectual property infringement, attorneys usually evaluate it to determine if the outcome is likely to be good. If a case lacks credibility or has many issues, they can choose not to take it. If an attorney agrees to take a case, this is a good indication that he or she is confident that its outcome will be good after adequate effort is put into it.

You can raise the chances of having a good outcome by assisting your lawyer when possible. For instance, you should provide the professional with any requested information quickly. It is important to have a good working relationship with an attorney in a case involving intellectual property infringement case because you are partners who will share the rewards of a successful outcome.




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