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Re: None

Monday, 10/31/2016 11:33:18 PM

Monday, October 31, 2016 11:33:18 PM

Post# of 235061
Why Law Firms Don't Take Patent Infringement Cases on Contingency:

Thought this article blip was pretty succinct. I think it tends to suggest Blank Rome and their Patent Attorneys (btw they need to have a Masters degree in a particular science plus a law degree to be a patent attorney) feel that they have a very strong case to take on pure contingency.


"A different reasoning applies to lawsuits. Contingency fee arrangements are common in personal injury (PI) cases because the only issue in such cases is damages. The liability is usually clear and most PI law firms will not accept a case on a contingent fee basis if liability is not clear. Thus, the only issue in most PI cases is how large the payment will be, not whether or not there will be a payment. In intellectual property cases, liability is always disputed. An accused infringer will attack the validity of the patent by citing prior art that was not cited by the examiner, and will argue noninfringement as a backup defense. A typical patent infringement suit lasts two or three years and requires the full-time attention of at least one lawyer. No lawyer with an office can stay in business without revenue for such a long period of time. Personal injury cases, on the other hand, are over much quicker and, again, the only issue is the size of the recovery."