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Benefiting From Patent Litigation Contingency Fee Agreements

By Tammie Caldwell


As a patent owner, you could win a lawsuit against infringement on your technology or idea. An offender would try to prove that your patent is either unenforceable, no breach has occurred or is invalid. Attorneys charge high fees to prosecute these kinds of lawsuits. You can drastically reduce legal fees through patent litigation contingency fee agreements.

Patents are restricted and publicly recognized rights for the use of inventions. Transgression happens when a party other than the recognized patent owner uses, makes or sells it. Patent litigation lawsuits are cases filed arising from disputes of infringements.

Taking advantage of contingent fee arrangements reduces out of pocket costs. In such an arrangement, the attorney deducts their fees from a settlement amount. Certain expenses, however, require out of pocket payment such as expert witness hiring, travel, transcripts, filing fees and conduction of depositions.

This kind of arrangement enables aggrieved inventors to pursue their intellectual property breach lawsuit that they could not have otherwise afforded. The inventor also gets to minimize risks of losing the litigation for they pay their lawyers not for the period worked but for results. In this kind of agreement, the lawyer is highly motivated to settle the case should it be in the best interest of their client.

During the litigation process, the defendant and their attorney could settle the case by offering a settlement amount lower than that sought by the plaintiff. Weakness of the suit appearing may make an attorney advice their client to settle. Conversely, if a defense lawyer is sure of winning, they can advise a client to wait out the full trial because their settlement amount would be bigger.

Upon accepting to litigate your lawsuit via contingent basis of fee charging, your intellectual property infringement law firm will aspire for optimum performance. Your case will be very cost effective while taking a very short time. This is the opposite for law firms whose retainer pays for hours worked. Such practices conduct long and numerous depositions. Their practice rests upon long proceedings as they send several attorneys to conferences and hearings. These activities augment billing hours paid for by a client. Such practices are rare should your attorney charge you based on contingency fee agreements.

Once an intellectual property infringement lawyer is consulted, they will evaluate a case very carefully to find out how high a settlement would be. Should the case be weak, have numerous issues or lack credibility, most lawyers may decline the engagement. Should a lawyer take a case, it would be because of their confidence in winning on investment of adequate efforts.

Your attorney needs all the help they can get from you, which gives them better chances of success in the lawsuit. You would be prudent to provide all requested information immediately. Having a wonderful working relationship with your lawyer during a lawsuit about breach of your intellectual property rights is vital. It will raise your odds of winning a big settlement and large fees for both of you.




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