Pages

Ads 468x60px

AD

The Benefits Of 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.

In order to win a patent infringement claim, a person is required to prove that the offending party has infringed on his or her intellectual property by using it without consent. The offender will then attempt to prove that the patent is either invalid, unenforceable or that he or she has not used it without authorization. The attorney fees associated with filing such a case are usually very high. This is one of the reasons that have led to the popularity of patent litigation contingency fee agreements.

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 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.

During the course of filing an intellectual property infringement lawsuit, the person who is at fault and his or her legal counsel can decide to settle the case by paying you a lower amount than the one you want. If your case has some weaknesses, your lawyer can advise you to consider settlement. If your case is strong, the professional can advise you to wait until it is tried so that you can get a higher damages award.

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.

When you hire an intellectual property lawyer, he or she will evaluate your case carefully to determine if the settlement amount is likely to be high. If your case is weak, has many issues or it lacks credibility, the lawyer may decline to take it. If a lawyer takes your case, it means that he or she is confident about getting a winning outcome after investing adequate effort.

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.




About the Author:



No comments:

Post a Comment

 

AD4

AD5

AD7

 
Blogger Templates