Yes. Crimson Insights offers contingent-fee or success-based patent invalidity searches for select cases, generally to give new clients an opportunity to evaluate our work. These engagements have no base fee.
Availability is assessed for each matter. The search scope, success criteria, and payment terms must be agreed before the engagement begins.
Available for selected matters
Success-based searching is not our standard arrangement for every project. Share the patent, selected claims, known references, and technical issues so we can assess whether the matter is suitable.
If the case is accepted, we agree the research requirements and the conditions that trigger payment.
An opportunity for new clients to evaluate our work
For a law firm working with Crimson for the first time, a selected success-based engagement can provide an opportunity to assess our technical research and reporting on an actual matter.
The arrangement should give both teams a clear understanding of what will be investigated, what will be delivered, and how the findings will be evaluated against the agreed criteria.
No base fee
There is no base fee for an accepted contingent-fee engagement. Payment depends on meeting the success criteria agreed for that matter.
This differs from Crimson’s fixed-fee engagements, where a fee is agreed for a defined research scope. The availability of a success-based arrangement must be confirmed before work begins.
Define success before starting
The meaning of “success” must be clear to both teams. A technically relevant reference, a disclosure addressing a particular limitation, and a legal determination that a claim is invalid are different things.
Before commissioning the search, agree:
- The claims and technical limitations to be investigated.
- The relevant dates and assumptions supplied by counsel.
- The findings that will satisfy the success criteria.
- The required supporting passages, figures, and mapping.
- The success fee and the process for reviewing the findings.
The fee arrangement should not rely on an undefined promise to find “good” prior art.
Research findings remain subject to counsel’s assessment
A success-based engagement does not guarantee that qualifying prior art will be found. It defines the agreed payment conditions for the search.
Crimson provides technical research; counsel evaluates the legal significance and intended use of the references.
Ask about a success-based invalidity search
Contact Crimson Insights with the patent, selected claims, known references, and preferred timeline. Let us know that you are interested in a contingent-fee engagement so we can assess whether your matter qualifies and discuss the success criteria and terms.