Asked in Patents (Intellectual Property)

Q: patent litigation

I am an exclusive inventor and owner of an US patent about a machine and recently discovered a us company product and sale -withou having anm own patent- a machine completely same of my patent

I am searching a law firm on a base "no win no fee" success rate

2 Lawyer Answers
Peter D. Mlynek
Peter D. Mlynek
Answered
  • Patents Lawyer
  • Moorestown, NJ

A: Sorry, but patent litigation is not mass tort. I don't know of any firm who would do this on "no win no fee".

Here is an option for you: you could finance it. There are companies who could lend you the money to finance your litigation. But even with those, you'd need to spend about 50K to do the preliminary work in order to get the litigation shovel ready.

John B. Hudak
John B. Hudak
Answered

A: The funding of litigation is always tricky – and an underlying problem around patents and protecting your patent rights. You can call around to different patent offices and see what information you can obtain. Others will charge for a consult.

As far as fees, I’ve seen of some clients proposing a lower billable rate and then a partial contingency (paying x% less of the normal hourly rate and then a x% contingency). I’ve heard of some firms doing contingency work.

There are different litigation funders large and small.

So you can spend some time asking around. If it is not worth spending 20 hours of work (just a number for an example) – figuring things out – or spending money on litigation – maybe the damages are just not that high. That said, if there is a case there, I’m sure there are many many patent litigators that would love to take your case.

This answer includes generalizations and there are many caveats. This answer does not form a attorney client relationship. Consider hiring an attorney to analyze the specific facts to your situation.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.