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"Young Guns"
Young Company IP Litigation
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CLIENT
Cutting-edge developer of RF microwave circuit technologies for wireless broadband applications.
CONFLUENCE TEAM
- David Bohrer, Confluence, plus 1 Confluence attorney and paralegal.
- David Jargiello, Law Office of David Jargiello, corporate finance and management expertise – "flex capacity" as required.
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PROBLEM
- Client and its founder sued by competitor for trade secret misappropriation, false advertising, computer fraud, patent infringement and breach of patent assignment.
- Competitor represented by national IP firm, pressuring client to retain (and pay for) defense counsel of equal or better quality.
- Defense of the lawsuit critical to client’s survival.
- Client’s founder had potential claim against competitor’s founder for stock dilution.
- Client represented by traditional large IP firm but could not afford cost of defense or prosecuting the new stock dilution claim going forward.
SOLUTION
- Confluence team substituted for client’s traditional large IP firm.
- Regards defense of the competitor’s claims, flat fee arrangement established that provided lower, more certain expenses and moved efficiency burden to Confluence; success rewards also established for early case resolution via favorable settlement or successful pre-trial motion.
- Regards new stock dilution claim, hybrid flat fee plus contingency arrangement established that reduced cost of bringing the litigation, moved litigation risk to Confluence and rewarded Confluence if client’s monetary objectives achieved.
BENEFIT
- Client cut its costs by more than half without having to forego the services of high quality IP trial counsel.
- Client able to initiate new stock dilution lawsuit, providing, among other things, additional settlement leverage.
- Confluence incented to pursue both expedited resolution of the case brought by competitor and large monetary recovery on the new stock dilution claim.
- Confluence resolved case within four months of retention and with all claims against client dismissed with prejudice, with client able to continue sales of flagship product and with client receiving large settlement payment.
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