What Makes A Good Contingent Fee Patent Infringement Case

Patent litigation lawyers like to think that they win patent cases, but the real truth is that having good facts and good clients are what makes a patent infringement case a winner!

Good Facts:
1. Is it a strong patent? Does it have good claims and a prosecution history free of problems? Are there any known problems of prior art or ownership of the patent?
2. Has there been regular and established patent infringement, and is it continuing?
3. Can the patent infringers be brought into a U.S. court and are they capable of paying significant damages?
4. Would an average juror look at this situation and say, “Unfair!”

Good Clients:
1. Character counts! Is the patent holder the kind of person a jury will understand, like, and respect?
2. Will the patent holder be absolutely honest with the patent litigation attorneys, and not hold back anything, even if it is negative or embarrassing?
3. Will the patent holder work with the contingent fee patent law firm on the technical aspects of the patent infringement lawsuit?
4. Will the patent holder make the sacrifices of time and effort that a successful infringement case will demand? Can he or she suffer the personal attacks the infringers will bring and keep a cool head?
5. Can the patent holder trust their patent litigators, keep an open mind in negotiation, and be reasonable in his or her expectations for success?