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mardi 17 mars 2015

How You Can Benefit From A Patent Litigation Contingency Fee Agreement

By Lena Stephenson


A patent is an exclusive right to use a certain type of invention. Patent infringement results when a person or a business entity that is not the owner of the patented technology uses, sells or makes it. The lawsuit that arises from a disagreement involving intellectual property infringement is known as patent litigation.

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.

If you take advantage of a contingent fee arrangement, you will reduce your out of pocket costs. In this arrangement, the lawyer will deduct his or her fees from the settlement amount. However, you will still have to meet some expenses such as those associated with hiring expert witnesses, traveling, conducting depositions, filing fees and transcripts.

A contingent fee agreement can enable you to pursue an intellectual property case that you would otherwise have been unable to afford. This agreement also creates an opportunity to spread the risks of litigation and compensate a lawyer for the results obtained instead of the hours he or she has worked. In a contingent fee agreement, the lawyer will also have more incentive to settle the case if the settlement is in your best interests.

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.

When an attorney charges a contingency fee, he or she also tries to speed up the litigation process. Most of the law firms that charge hourly fees usually send a number of lawyers to conferences and hearings, conduct numerous lengthy depositions and prepare long proceedings. This can significantly increase the number of billable hours. Fortunately, this never happens in contingency fee agreements.

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.

Assisting your lawyer whenever possible is a good way to raise the chances of winning a case. It is advisable to provide the lawyer with the information he or she asks for fast. Having a good relationship with a lawyer as you file an intellectual property lawsuit is very important because the two of you will benefit if you win.




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