Contingency and Alternative Fees

Kirton McConkie represents clients ranging from large businesses to start-ups and individual inventors in patent licensing and litigation matters. To best suit our clients’ financial situations, we offer either a traditional hourly fee or an alternative fee engagement. The alternative fee can be partial or full contingency representation.

From our experience, it can take between $2 million and $5 million to take a typical patent infringement suit through trial. As the complexity of the technology and the amount of money at stake increases, the expense and costs can rise exponentially. Unfortunately, inventors and business owners often find themselves in positions where they own patents, but cannot possibly afford to enforce the patents, particularly for the full market value.

By using Kirton McConkie’s full contingency fee arrangement for patent litigation matters, the client receives 60 percent of the gross recoveries with the balance paid to the firm for legal representation. Regardless of outcome, the client is responsible for payment of actual hard costs such as copies, expert witness fees, travel expenses and other out-of-pocket expenses as they are incurred. 

A second option is a partial contingency fee arrangement where the firm is paid an upfront lump-sum fee and receives a smaller percentage of the gross recoveries based on the negotiated upfront fee.

Kirton McConkie has the depth of experience and resources to help clients level the playing field against bigger rivals to vigorously pursue enforcement of intellectual property rights through trial.

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