Wednesday, May 20, 2015

Profit From Your 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.

A patent is a publicly recognized and restricted right to make use of a certain invention. Infringement takes place when another party other than the patented inventions owner sells makes or uses it. The lawsuit filed because of patent infringement disputes is termed as patent litigation.

By taking advantage of litigation arrangements based on contingent fees, you will drastically reduce the legal fees you have to foot before full settlement. With this kind of arrangement, your attorney shall deduct their fees from the money you get on settlement. There are certain expenses you will have to meet though. These include hiring your expert witnesses, travel, filing fees, transcripts and conducting 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.

When you present your case to your attorney during initial consultations, intellectual property infringement legal practitioners will carefully evaluate your case. They will attempt to unveil how big a settlement they would squeeze from your case. Should it be weak, lack credibility or have issues, they will decline to take the case. Should they do so; the reason will be their confidence of winning with an investment on adequate effort.

A client assisting their lawyer as much as possible is the best way of winning a case. It is prudent that a client provides their lawyer with any information requested and fast. A good relationship with an attorney as they file the intellectual property lawsuit is crucial since chances of winning are higher and both stand to benefit immensely on winning.




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