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Risk Sharing

The high cost of intellectual property litigation often leaves small business and other financially constrained companies and organizations vulnerable to unauthorized use of their protected technologies. And companies of all sizes face resource constraints that can limit strategic litigation options for pursuing infringers.

At Fitch Even, our entrepreneurial culture drives us to find creative solutions to overcome financial hurdles that could otherwise prevent the full value of critical intellectual property from being realized. We offer a number of alternative fee arrangements to help better serve the litigation needs of our diverse client base. We can tailor a solution to meet your primary objectives, such as monthly fixed budgets, phase-based capped budgets, discounts coupled with success-based bonus, and others.

We also offer full and partial contingent fee arrangements in appropriate cases for clients who wish to partner even more closely in licensing and enforcing their rights. Our close relationships with many of the leading litigation funding firms can also be leveraged to secure any necessary additional financing.

The firm’s contingent fee litigation and licensing practice complements our long tradition of making proficient intellectual property representation available to small companies and individual entrepreneurs. We have structured and executed many large industry-wide enforcement and licensing campaigns involving some of the largest companies in the world. Our willingness to partner and risk share in these matters has helped numerous smaller businesses and entrepreneurs to enforce and monetize their IP rights, collecting hundreds of millions of dollars in verdicts, settlements, license revenue, and portfolio sale proceeds on their behalf.

Our approach to contingent fee cases parallels our standard fee cases. Our lawyers operate in small teams to maintain efficiency, pursue discovery aggressively, and expect to try cases in front of judges and juries. This approach continues to yield successful outcomes, including through jury trial and appeal, and often against much larger teams from Am Law 100 firms.

The firm’s willingness to pursue appropriate cases on a contingent fee basis through trial and appeal demonstrates our ability to properly analyze, effectively develop, and successfully resolve intellectual property lawsuits to a favorable return on the litigation investment.

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