Patent Litigation Alternative Billing

Alternative Billing  Available Options  Budgets & Cost Estimates

Available Options  Location Transparent Travel Disbursements  Incentive Reserve  Outcome-Related Fees  Incentive Bonus  Recovery-Based Bonus  Contingent Fees  Traditional  Blended  Budget Control Tools  Guaranteed Quarterly Budgets  Fee Collar  Pre-Paid Bonus Plan

Location Transparent Travel Disbursements  Client select a Perkins office as a reference office for the litigation  All travel disbursements are calculated from the reference office, unless actual travel expenses are less

Incentive Reserve  Client and Perkins agree to specific goals at the start of the litigation  Client "reserves" 5% of each bill, not including disbursements  When goals are achieved, the "reserve" accumulated to that point is paid  Example: First goal – defeat all summary judgment; second goal – win at trial.

Incentive Bonus  Perkins and Client agree to specified monetary bonus to be paid upon achieving one or more specific goals  Perkins and Client agree to a discount on billing rates

Recovery-Based Bonus  Similar to incentive bonus, but bonus amount is a percentage of recovery  Includes negotiated discount on the billing rates  Recovery % and discount amount dependant on the likely monetary recovery.

Blended Contingent Fee  Reduced fee combined with payment of a % of client's net recovery  Amount of reduction and % of recovery negotiated based upon the anticipated monetary recovery

Guaranteed Quarterly Budgets  Designed to give clients budgeting certainty  All billed amounts are paid, but  Amounts exceeding any quarter's budget are rolled over to the next quarter for payment  Amounts exceeding the budget for a year are rolled over to the first quarter of the next year, and become the base-line for that year's budget

Fee Collar  Monthly or quarterly "collar" on attorney fee budget for case  "Collar" is dollar range above and below budgeted amount  If bills exceed the budget, the bills are reduced by a % of the deviation (up to the % of the "collar")  If bills are below the budget, the bills are increased by a % of the deviation (up to the % of the "collar")

Fee Collar Example: The quarterly collar is $50,000, and we agree to 10% A quarter's bills exceed the budget by $38,000. The bill is reduced by $3,800.

Pre-Paid Bonus Plan  Pre-paid arrangement for clients to use in future patent litigation with increase in value of the pre-paid amount  Pre-paid amounts can be applied at any time for non-patent litigation services at 100% of value, or used for new patent litigation at 150% of pre-paid amount  Maximum pre-payment of $200,000  Not applicable to pending cases.

Budgets & Cost Estimates

Sample Budget Estimate