Patent infringement lawyers go toe-to-toe with their counterparts in courts across the country. While the patentee’s lawyers argue that the defendant has patented the invention without a license, the defense attorneys will try to disprove this and claim that the new product is not an infringement. The court may even rule that the defendant did not infringe, depending on how the defense counsel argues. Find additional information at Thompson Patent Law
To prove infringement, the plaintiff must prove that the accused acted in an unpatentable manner. A successful plaintiff must be able to present a convincing case to win the lawsuit. A recent example of a successful patent infringement lawsuit involved Johnson & Johnson subsidiary Centocor, which claimed that the Humira drug infringed upon a treatment for arthritis that it licensed from New York University. Centocor won $1.67 billion in June 2009, the largest ever award for patent citations. This award also included all financial damages.
There are two main types of patent infringement cases: those involving an individual or company, and those involving a corporation. Partial contingent fees, which require a client to cover all out-of-pocket expenses, and full contingency fees, which require the client to pay a percentage of the expenses if the client wins the case. These types of arrangements are not commonly used in patent infringement cases. It is wise to carefully choose the patent infringement attorney that suits your needs the best.
A full contingency fee requires the client to cover all expenses incurred by the attorney. In other words, if the case is unsuccessful, the client owes nothing to the lawyer. However, if the plaintiff wins the case, the defendant must pay the attorney 33% of his or her out-of-pocket expenses. It is important to remember that full contingent fees are not common in patent infringement cases. If you want to secure the maximum compensation, you must hire a qualified and experienced IP litigation attorney.
A full-contingent fee is the most common type of contract between patent infringement lawyers and defendants. In this agreement, the client must pay all expenses out-of-pocket for the lawyer. The client does not have to pay the attorney unless the case is won. If he wins, he will have to pay the rest of his costs. If he loses, the client will have to cover all of his or her expenses.
In most cases, the patentee must prove that the defendant has infringed the patent. Often, the defendant has to show that infringement is the case. A full-contingent fee is the most expensive type of contract in patent infringement. But if you have an excellent IP attorney, you can expect to win a large award for a patent infringement case. So, the next time you’re in the market for a new patentee, consider hiring a lawyer for your defense.
Thompson Patent Law
1320 Arrow Point Drive, Suite 501 #142
Cedar Park, TX 78613