Alternative Fee Arrangements in Patent Litigation




About the Course:

The following are among the issues discussed during this webinar:

  • How are contingency law firms compensated when they withdraw from cases due to clients’ decisions?
  • Why is it particularly difficult for patentees to find representation after parting ways with their initial contingency law firms?
  • How attractive are cases to contingency patent litigators where much of the anticipated damages are expected to arise during the course of the patent litigation?
  • How well do contingency patent litigators and litigation funders coordinate their efforts in terms of deciding whether or not to work with a given patentee? How much friction is there between contingency patent litigators and litigation funders during litigation?
  • Why does relying on treble damages create a misalignment of interests on the part of patentees and contingency lawyers/litigation funders?
  • How do early damages disclosures help structure settlements?
  • Why might it not be advisable for a law firm that drafted and prosecuted a given patent to become patent litigators relative to the same patent?
  • What kinds of malpractice exposure could a patent litigator experience if fired by his client?
  • What should patentees seek in a law firm when selecting contingency representation?
  • How might success fees change when a patent litigator generates damages from sequential infringers?
  • How are invalidity challenges typically addressed in the context of contingency fee arrangements? How are counterclaims handled?
  • Why are continuation patent applications appealing to contingency lawyers? Why are contingency patent lawyers attracted to German patents?

Course Length: Approx. 1.5 hours

Course Leaders: Steven Carlson, Partner, Robbins Kaplan LLP

Steven C. Carlson is an intellectual property litigator who draws upon national and international experience to assist clients with a wide range of legal disputes, including patent litigation, trade secret matters, and copyright disputes. Armed with a keen understanding of the technology that powers his clients’ businesses, Mr. Carlson works closely with technology companies to protect and promote their unique interests.

Mr. Carlson is a first-chair courtroom litigator whose professional experience covers a wide range of technologies, including medical devices, semiconductors, chemistry, machine learning, genomics, telecommunications, and robotics. He practices in state and federal courts around the country and has secured a trial verdict before the Patent Trial and Appeal Board (PTAB) that invalidated multiple database technology patents used in the travel industry. In addition to his intellectual property litigation work, Mr. Carlson also practices in the areas of product liability, privacy, and accessibility of disabled persons in digital environments.

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