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A Case Of Intellectual Theft? Know if your patent-infringement suit stands a chance in court.

Before you rush off to find a law firm willing to take yourpatent infringement case on a contingent fee basis, make sure youhave a case worth pursuing. "Contingent fee litigation weedsout frivolous lawsuits, because a case has to be good enough for alaw firm to take, since they heavily invest their manpower onit," says Meg Boulware of the American Intellectual PropertyLaw Association.

Take a look at attorney Joe Hosteny's checklist to seewhether you have a "winnable" contingent fee case:

  • The infringing party has used your product for a long time andintends to use it in the future.
  • The infringing party has the ability to pay damages.
  • Your patent and its file history show no obvious problems.
  • The subject matter is fairly simple, and therefore easy toexplain to a jury.

For more information, go to Hosteny's Web site at http://www.hosteny.com.

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