Retaining Contingency Counsel

Navigating Patent Litigation Costs: Insights from Industry Experts

Litigating a patent through trial can incur staggering costs, often exceeding $10 million, especially when millions are at stake. Engaging contingency counsel may seem appealing to pursue infringers, but not all law firms are equipped for protracted litigation. Selecting the right contingency firm demands careful consideration.

If you’re a patentee facing infringement, negotiating contingency agreements requires caution. Hiring contingency lawyers isn’t akin to buying a lottery ticket; it entails understanding your obligations. Alignment of interests between you and your lawyer is crucial to withstand defense tactics.

Key Discussion Points:

1. Understanding Litigation Expenses:
   • Explore the major cost categories associated with patent litigation to better prepare financially.
2. Contingency Basis Expectations:
   • Even with a contingency arrangement, plaintiffs should anticipate certain expenses. Learn what to expect.
3. Preparing for Law Firm Meetings:
   • Essential documentation and preparation tips to enhance the likelihood of a law firm taking your case.
4. Exclusive Review Periods:
   • Should law firms have exclusive review periods during due diligence for contingency cases?
5. Structural Requirements for Law Firms:
   • Discover the essential elements a contingency law firm must have for sustainable assertion efforts.
6. Partial Contingency Billing:
   • Explore successful partial contingency billing arrangements that benefit both parties.
7. Representation Considerations:
   • Is it advantageous for a different law firm to represent the plaintiff than the one handling patent prosecution?
8. Settlement Authority:
   • Clarify who holds the authority to settle the case: the patentee or the lawyer?
9. Recourse for Law Firms:
   • Understand the contingency law firm’s options if the client refuses to heed their advice.
10. Compensation in Non-Monetary Outcomes:
    • How will the law firm be compensated if the case concludes with non-monetary advantages?
11. Resignation and Termination:
    • Conditions under which a law firm can resign from the case and when the plaintiff can terminate their services.

Course Leader: Jake M. Holdreith, Partner, Robins, Kaplan, Miller & Ciresi L.L.P.

Jake M. Holdreith specializes in intellectual property litigation, with extensive experience in patent and trade secret disputes. Notable achievements include successful representation in high-profile cases like Personal Audio LLC v. Apple Inc. and St. Clair Intellectual Property Consultants, Inc. v. Canon, Inc.

Course Length: Approx. 1.5 hours

Gain invaluable insights into patent litigation strategies and cost management techniques from Jake M. Holdreith and elevate your approach to protecting your intellectual property rights. Reserve your spot now!

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