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 also enables people to pursue intellectual property infringement cases that they may otherwise not have afforded. It also allows plaintiffs to minimize the risks of litigation and pay their attorneys for the results they obtain, rather than the number of hours worked. In such an agreement, intellectual property lawyers are also motivated to settle cases, if the settlements are in the best interest of their clients.
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.
If a lawyer is working on a contingency fee basis, he or she will also try to make the litigation process less time consuming and more cost effective. Law firms that bill clients on an hourly basis, often conduct many lengthy depositions, send several lawyers to hearings and conferences and prepare long pleadings. This usually increases the number of billable hours. Thankfully, this does not happen in contingent fee cases.
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.
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 also enables people to pursue intellectual property infringement cases that they may otherwise not have afforded. It also allows plaintiffs to minimize the risks of litigation and pay their attorneys for the results they obtain, rather than the number of hours worked. In such an agreement, intellectual property lawyers are also motivated to settle cases, if the settlements are in the best interest of their clients.
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.
If a lawyer is working on a contingency fee basis, he or she will also try to make the litigation process less time consuming and more cost effective. Law firms that bill clients on an hourly basis, often conduct many lengthy depositions, send several lawyers to hearings and conferences and prepare long pleadings. This usually increases the number of billable hours. Thankfully, this does not happen in contingent fee cases.
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:
If you need someone to help negotiate patent litigation contingency fee and alternative billing arrangements, come to Polasek, Quisenberry & Errington. To check out all of our areas of practice, visit us on the Web at http://www.pqelaw.com today.
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