Contingent-Fee Patent Litigation Attorneys

The contingency-fee agreements, while well established in areas such as personal injury and wrongful death litigation, is a relative newcomer to patent infringement law. Yet it is rapidly growing in popularity, due to a number of distinct advantages such agreements have over conventional hourly billing.

Historically patent litigation cases are very expensive and time consuming. Even in smaller cases, attorney fees for litigated matters can run into hundreds of thousands - even millions - of dollars. Individual inventors and small companies rarely have the resources to fund such a campaign. A contingent-fee agreement does away with attorney fees. Instead, the attorney receives a percentage of the settlement or damages award. The client is still responsible for the costs of litigation. These include, but are not limited to, filing fees, as well as costs associated with service, depositions, transcripts, expert witnesses, and travel. However, the out-of-pocket expenses incurred by the client in a contingent-fee case are much, much lower.

As a patent infringement case progresses, the defendant and his attorneys may offer to“settle the case by paying an amount less than the plaintiff is seeking. From the plaintiff’s perspective, this represents giving up the possibility of a large damages award at the end of the trial for the certainty and closure of the settlement. In an hourly billing case, the patent lawyer has little incentive to encourage settlement, even where it is in the client’s best interest. As the litigation progresses, the billable hours continue to increase and they are billable regardless of the eventual outcome. By contrast, in a contingent-fee case, if the client loses at trial, so does the attorney - he gets nothing as well. Thus, if weaknesses have appeared in the case, the attorney may urge the client to consider settlement. If the attorney is still confident of victory at trial, he will communicate this confidence to the client, because a large damages award will also benefit the attorney. Regardless of what advice any attorney may give, whether or not to settle is always the client’s decision.

Law firms across the country that are willing to accept patent litigation, will usually bill their client on a hourly billing basis. And such firms often will conduct numerous lengthy depositions, send multiple attorneys to conferences and hearings (many of which could be handled over the phone by a single attorney), and prepare long, extensively researched pleadings that have little chance of success. These are just some of the techniques used to maximize the number of billable hours the firm can charge to the client. This is not true in contingent-fee cases. The contingent-fee attorney must invest enough effort to assure the client of a winning outcome. Again, without a winning outcome, the attorney gets nothing. However, the attorney has no reason to make the process more costly and time-consuming than necessary.

Not all patent infringement cases are suitable candidates for contingent-fee arrangements. The law firm must carefully evaluate each case to determine whether it is likely to repay a substantial investment. If the case has significant issus or the case is weak or the client lacks credibility, the attorney may well decline the case. If the attorney takes your case on a contingent-fee basis, it means the attorney is confident in the case. You should actively assist the attorney when possible, providing any requested information quickly and thoroughly. A good working relationship between client and attorney is important in any case. However, it is especially important in a contingent-fee case, where the client and attorney are partners, sharing in the rewards of a successful outcome.

Our Law Firm can provide personal and hands-on attention to our clients on their patent litigation. And our Firm can provide representation on a contingent fee basis. While small enough to give our clients personal attention, the firm is dedicated and has the resources to handle large, time-demanding cases. Unlike most law firms our Law Firm can accept patent litigation cases on a contingent fee basis. When we take a patent case on a contingent fee, our Firm gets paid its fees only if we are successful in obtaining a recovery. We are flexible in negotiating contingency and alternative billing arrangements, with the range depending on the nature of the case. We also can litigate cases on a contingent fee basis. This flexible fee allows small businesses or individual patent holders to enforce their patents against even the largest corporations.

If you have an Patent that you believe is being infringed, e-mail or call us today.

Carabin Shaw is a Law Firm based in San Antonio,Texas that provides representation primarily on a contingency fee basis.

Call our Law Firm, we can help protect and enforce patent and other IP rights on a contingent fee basis. We strive to give its clients the personal and hands-on attention their intellectual property deserves. The Law firm is dedicated, and has the experience and resources to handle large and time-demanding cases. Unlike most law firms, in addition to taking patent and other IP cases we will work the case and can accept the case on a contingency fee basis. When we take a case on a contingent fee, our firm gets paid its fees only if we are successful in obtaining a recovery. We are flexible in negotiating contingency and alternative billing arrangements, depending on the case. We will also litigate cases on a contingent-fee basis. This flexible fee schedules allows independent inventors and small businesses to enforce their patents and other intellectual property rights against even the largest corporations. If you have an invention or idea that you would like to protect, or have a patent, trademark, or copyright that you believe is being infringed, email or call our Law Firm.

Our Law Firm can assist you on a Patent Matter on contingent fee. Unlike most law firms, we are willing to create flexible billing structures in which we share risks with our clients. By working on a contingency-fee basis, our time and effort pay off only when we win. This flexibility -- along with an intense commitment to winning -- creates the most successful outcome at the lowest possible cost.

*Accepted Patent Law Cases will be represented under a Joint Counsel Agreement between Carabin Shaw and the Tom Rhodes Law Firm P.C.