As contingent-fee lawyers and supposed “patent trolls” to boot, my colleagues and I are blamed for many of the ills that plague society.  It is we — who do not get paid unless we are successful — who file merit-less cases, prolong litigation, waste resources, and cause innocent defendants to pay their lawyers upwards of two million dollars on average to defend themselves.  It’s a  wonder we sleep at night.

These thoughts brought an admittedly self-congratulatory smirk to my face as I received the recent decision of the Federal Circuit affirming the District Court’s denial of fees in a case we handled that never should have gone on as long as it did.

Now in fairness, we lost the case on the merits, the District Court held the patent invalid, and we took our lumps as we knew we might when we went in.  No complaint there.

Not content with their victory, our opponents moved for fees.  Again, no complaint as it is their right to ask.

What I do find amusing is that our opponents chose to reject our early offer of a “walk away” settlement, chose to file a hopeless appeal of the District Court’s denial of fees and — most amusingly — traveled 3000 miles each way to deliver a futile 15 minute oral argument against an opponent who wasn’t even there.  (We, being the wastrels we are, elected to waive oral argument and rest on our brief.)

So there you have it.  An hourly-based firm will happily spend thousands of dollars of its client’s money to travel 3000 miles to argue against an empty chair, but it’s the contingent fee guys who are driving up the costs of litigation.

Yeah, somebody really ought to do something about us.

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Photo of Philip P. Mann Philip P. Mann

Philip P. Mann is a trial lawyer with over twenty years experience litigating patent, trademark, trade secret, and other intellectual property matters throughout the country.

Mann’s trial work has taken him to various federal and state courts where he’s tried both cases to…

Philip P. Mann is a trial lawyer with over twenty years experience litigating patent, trademark, trade secret, and other intellectual property matters throughout the country.

Mann’s trial work has taken him to various federal and state courts where he’s tried both cases to the court (a judge) as well as before juries. In addition to trial court work, Mann has performed appellate work before the United States Court of Appeals for the Federal Circuit.

Mann began his legal career in Chicago and Milwaukee before heading to Seattle where some of America’s most innovative companies were developing new technologies at breakneck speed. Before founding his own firm, he was a member of the Seattle Intellectual Property Law Firm, Christensen O’Connor Johnson Kindness.

Mann is an “AV” rated lawyer by Martindale Hubbell, indicative that he has reached the height of professional excellence and is recognized for the highest levels of skill and integrity.

He holds a degree in Electrical Engineering from the University of Illinois (Urbana) and received his law degree from the Washington University School of Law in St. Louis, Missouri. He is admitted to practice in the States of Illinois and Washington, as well as before the United States Patent and Trademark Office, and in various courts around the country.