Gil, from the EDIG/DM agreement we clearly see:
- If they assist in licensing EDIG's IP without filing litigation, DM gets 40%.
- If they settle with litigation but no trial, DM gets 40%.
- If they settle with litigation and trial but no appeal, DM gets 40%.
- If a trial verdict is appealed, DM gets 50%.
Am I missing something here? Somebody help me out fer cryin out loud. ;)
Contingent Fees Without Litigation. In the event that the Company licenses the Norris Patents without filing litigation, Duane Morris’ fee will be 40% of the licensing fee.
Contingent Fee in the Event of Litigation.In the event that a party refuses or is not asked to license the Norris Patents or any element thereof, and litigation is filed, Duane Morris shall be entitled to the following contingent fees of the total recovery (“Total Contingency Amount”) in each individual case upon the Resolution of the matter:
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Upon filing of complaint or counterclaim in declaratory judgment action
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40%
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Upon appeal of trial
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50%
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In the event of any appeal of a judgment in favor of the Company, Duane Morris agrees to handle such appeal. In the event of a judgment entered against the Company that results in no payment to the Company, then Duane Morris has the right in its sole discretion to determine whether it will handle the appeal from such adverse judgment.
In the event that the settlement of any litigation involves any cross-license of technology or the acquisition of any assets, the parties agree that Duane Morris shall be entitled to its contingent fee based on a good faith estimate of the overall value of the cross-license or acquisition of assets.
