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Published byAleah College Modified over 9 years ago
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Patent Litigation Alternative Billing
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Alternative Billing Available Options Budgets & Cost Estimates
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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
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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
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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.
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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
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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.
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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
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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
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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")
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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.
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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.
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Budgets & Cost Estimates
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Sample Budget Estimate
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