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samedi 30 mai 2015

Benefiting From Patent Litigation Contingency Fee Agreements

By Tammie Caldwell


A patent owner would win an infringement on their patent case should they prove that an offending party used their patented technology and idea without permission. A defendant would then attempt to demonstrate that the patent in question was either invalid, unenforceable or no infringement had taken place. Fees charged by attorneys to represent aggrieved individuals or institutions in such cases are often high. An option to reduce such expenses would be taking advantage of patent litigation contingency fee arrangements.

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.

Opting for a contingent fee kind of arrangement is a way of reducing a clients costs. With these arrangements, an attorney deducts fees from the final settlement figure. There are certain expenses that do not fall into this arrangement. These include hiring expert witnesses, travel expenses, transcripts, conducting depositions and filling fees.

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.

While the lawsuit progresses, the offending party through their attorney could decide to settle by paying you an amount lower than you seek. If your attorney detects weaknesses in your case, they may ask you to consider a settlement. Conversely, the offending party attorneys may have confidence they would win the suit and could advise their client to await the conclusion of the suit 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.

During initial consultations, lawyers specializing in infringement on intellectual property evaluate the merits of a case carefully. They try to find out how big the settlement would be. If a case is weak, lacks credibility or has a number of issues, such lawyers often decline to take up the case. When a lawyer takes up such a case, it is because they have confidence of wining once they have invested in 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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