1. Contingent Fee Patent Litigation  What is contingent fee patent litigation?  Why consider taking a patent case on contingency?  How do you evaluate a contingent fee opportunity?  Pitfalls of contingent fee patent litigation  Lessons learned

2. What Is Contingent Fee Patent Litigation?  Varieties  % of the recovery  Blended fee arrangement  Others

3. Why Consider Taking a Patent Case on Contingency?  Opportunity for lawyers to make more than they would have on a fee-for-services basis  Enables patentees who can’t afford the fees associated with patent litigation to enforce their patent rights  The system shouldn’t just serve the corporation with deep pockets

4. How Do You Evaluate a Contingent Fee Opportunity?  Examine the prospective parties  Prospective plaintiff  How good is the technology?  How good are the witnesses?  What’s their track record?  Prospective defendant  How litigious are they?  Do they settle?  What’s their reputation?  How good are their attorneys?

5. How Do You Evaluate... Cont’d  Estimate likelihood of success  Infringement  Validity  What are the prospects of counterclaims?  Likelihood of prevailing at trial

6. How Do You Evaluate... Cont’d  Estimate potential recovery  Method of calculating damages  Past damages  Future damages  Attorneys’ share  Investment

7. Pitfalls of Contingent Fee Patent Litigation  Client’s version of the facts not always accurate  Clients don’t always behave reasonably  Difficult to withdraw, particularly during litigation  Example: ABCO/Hasel litigations

8. Lessons Learned  Make sure client is trustworthy  Make sure client is reasonable  Recognize withdrawal during litigation is difficult  Think twice about contingent fee litigation that requires possibility of multiple litigations where those litigations, even if won, are not profitable on their own