Contingency Patent Litigation

Contingency Patent Litigation

A contingency fee agreement for patent litigation means you do not have to pay your lawyer for his time unless your case settles, or you prevail in court. For corporate clients, this provides a company with the opportunity to use its money to grow its business and still have the ability to enforce its intellectual property.  For individuals with a claim that has strong merit but who lack the resources to litigate a patent infringement case, it provides an avenue for representation that may otherwise not be available.  

Contingency Patent Lawyer

If you retain a contingent fee attorney, the attorney fees are contingent upon money being awarded.  For example, if you retain a contingency patent lawyer to enforce your patents, a typical arrangement is that the law firm receives a percentage of the recovery, which may result from the other side paying a judgment, a settlement or a license.  The terms of the patent litigation contingency, including the split between the client and the patent contingency attorney, should be set forth in a written agreement.  If you are fighting a charge of patent infringement, a result-oriented fee structure can also be employed under the right circumstances.  This arrangement between the client and the attorney should also be set forth in writing.

As part of the firm’s contingency patent litigation practice, we represent independent inventors and small companies who lack the resources to litigate or license their intellectual property against infringers. We will also represent companies that seek a more cost-effective way to enforce their intellectual property on a contingency basis.  Ted has successfully worked with clients by offering patent litigation and patent enforcement legal services on a contingency fee arrangement, mixed hourly hybrid flat-fee arrangement, and other arrangements.

Patent Contingency Law Firm

Elliott & Polasek understands that few companies and individuals have open pocketbooks. Most litigants that are capable of paying hourly fees expect attorneys to be cost-conscious yet provide highly effective representation. E&P understands these concerns, and therefore coffers a result-oriented potion to potential clients.  In each instance, E&P strives to structure a fee agreement that is fair and reasonable to the clients and the firm. The most standard option is to represent a patent owner on contingency.  Prior to taking a matter under these circumstances, we will want to carefully evaluate the merits of your case.  Please contact us at or call for a free consultation at 832-485-3560 if you have a matter that you would like for us to consider.  The attorneys in our firm have been handling cases on a result-oriented fee structure for over 20 years.

E&P has experience in litigating patent infringement lawsuits and trade secret lawsuits on a contingency or other result-oriented fee arrangement involving a wide variety of technologies. These areas include the software, computer and electrical arts such as smart phones, storage devices, vision systems, collision avoidance systems, GPS, and water fabrication; the chemical arts, such as paint compositions and cosmetics; and the mechanical arts such as oilfield tools, offshore platforms, laser levels and ski poles.

contingency patent litigation