Final thought on a Monday:
Since we're in analogy mode today, let me offer one from a somewhat legal perspective.
Unless one is paying fees by the hour, a Client/Attorney relationship in lawsuits require an agreement for recovery of Attorney Fees and Costs. In many cases a popular number thrown around is ONE-THIRD of any recovery. However, negotiating a higher or lower amount is very plausible. Depending on the strength of ones case may determine the financial risk an Attorney is willing to take on the clients behalf. The higher the risk of recover, the higher the fees and vice versa. Any client willing to enter into an agreement at 50% of recovery, means the clients case is an uphill battle and they were not in position financially to offer an upfront retainer fee to limit recovery fees. Basically, the client showed up at the Attorneys office with hat in hand.
In the case of Breathtec versus Nash Pharmacueticals, Breathtec has cash. Breathtec has the goods. Breathtec has the body of evidence (work) on it's side. Nash Pharmacueticals is telling us the opposite. They are telling us we don't have cash. We don't have a V3 device. We do not have a global patent. We do not have decades of research wrapped up in our technology. Nash Pharmacueticals is simply telling us we have come knocking on their door with out hat in hand begging them to take 50% of our money because we can't succeed with out them. On top of that, you have to look at the caliber of the Attorney. In this analogy being Nash Pharmacueticals, they are rookies on the big stage. The paper trail (body of work), the evidence is not there to support them taking a 50% stake/steak off your family plate.
/////AMG
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