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Fixed Fee Invoice Analysis

KFU Fixed-Fee Invoice Analysis: Trust "Retainer" Labels vs. Actual Billing

Date: April 4, 2026 Purpose: Prove that KFU trust account deposits labeled "Retainer" were actually prepayments for specific fixed-fee patent services -- not retainers in the legal sense.


Executive Summary

The trust ledger for KFU (Account 36372) labels 79.2% of incoming wire transfers ($9.66M of $12.20M) as "Wire Payment / Retainer." However, cross-referencing against three independent data sources proves these deposits were advance payments for itemized fixed-fee services, not retainers:

  1. 89.5% of all KFU invoices (4,350 of 4,860) bill at one of ~18 standardized fixed-fee price points
  2. 85.8% of all invoiced dollars ($11.87M of $13.84M) fall on exact fixed-fee amounts
  3. Every trust-to-operating transfer references a specific docket number and service description (e.g., "Patent Application 405541," "Patent Search 405577")
  4. The docket ledgers explicitly label hourly time reversals as "Flat Fee" before rebilling at the fixed rate

The word "Retainer" on the trust ledger is a bookkeeping label, not a description of the economic arrangement.


1. The Fixed-Fee Service Menu

Cross-referencing the docket ledger PDFs (33110.90U and 33110.89U) with the invoice data reveals a standardized price list for patent services:

Tier 1: Patent Applications (Suffix "U" -- Utility)

Service Fixed Fee Components
Patent Application (standard) $11,840 $9,440 professional + $2,400 PTO filing
Patent Application (alternate) $11,440 $9,040 professional + $2,400 PTO filing
Patent Application (variant) $11,040 $8,640 professional + $2,400 PTO filing
Continuation Application (Suffix "A") $3,440 Professional fees for continuation filing

Volume: 549 invoices at $11,440; 265 at $11,840; 28 at $11,040; 220 at $3,440

Tier 2: Prosecution Services

Service Fixed Fee Components
Office Action Response $1,600 Attorney review + response drafting
IDS Filing / Restriction Response $640 Filing information disclosure statement
Issue Fee Payment $920 $440 professional + $480 PTO issue fee
Issue Fee + IDS combo $784 $240 professional + $544 PTO fees
Patent Office Review (allowance) $2,400 $3,000 minus 20% discount
Office Action + IDS combo $1,160 Combined response package
Complex Office Action Response $1,400 Higher-complexity matters

Volume: 584 at $920; 271 at $1,600; 201 at $640; 104 at $784; 64 at $1,160; 38 at $1,400

Tier 3: Searches & Maintenance

Service Fixed Fee Docket Suffix
Patent Search (current rate) $400 "S" (1,096 invoices at this price)
Patent Search (older rate) $500 "S" (284 invoices)
Maintenance Fee Payment $865 "U" (45 invoices)
Certificate of Correction $360 $200 professional + $160 PTO fee

2. How the Docket Ledger Proves Fixed-Fee Billing

Docket 33110.90U -- "Pyrido[3,4-B]Indole Compounds" (Complete Lifecycle)

Stage 1: Trust Deposit Labeled "Retainer" - 6/19/2023: Transfer from Trust 36372 = $11,440 labeled "Patent Application 405690"

Stage 2: Hourly Time Tracked Internally - JBG (Goldberg): 10.30 hrs @ $495/hr = $5,098.50 - JNL (Long): 3.90 hrs @ $300/hr = $1,170.00 - FC (staff): 11.60 hrs @ $260/hr = $3,040.00 - LMD (drafter): 5.05 hrs @ $300/hr = $1,515.00 - HJ (staff): 0.30 hrs @ $65/hr = $19.50 - AS (staff): 0.20 hrs @ $65/hr = $13.00 - Total hourly value: ~$10,856 (but not what client pays)

Stage 3: Flat Fee Conversion (7/3/2024) All hourly entries zeroed out with explicit "Flat Fee" credit entries:

FEE: JNL  -$420.00   Flat Fee
FEE: JBG  -$346.50   Flat Fee
FEE: AS   -$13.00    Flat Fee
FEE: LMD  -$1,515.00 Flat Fee
FEE: HJ   -$19.50    Flat Fee

Stage 4: Fixed-Fee Invoices Issued - Invoice 420646: $2,400 = "Patent Office Review" ($3,000 - 20% discount) - Invoice 420647: $920 = Issue Fee ($440 + $480 PTO) - Wire received 10/9/2024: $2,400 + $920 = $3,320 (exact match)

Docket 33110.89U -- "GdFe Thin Film" (Same Pattern)

Both dockets show the identical pattern: internal hourly tracking reversed with "Flat Fee" labels, then replaced by standardized fixed-fee invoices.


3. Trust Ledger "Retainer" Labels vs. Actual Allocation

Incoming Wires Labeled "Retainer"

Date Wire Amount Label Actual Use
9/6/2022 $265,715.42 "Wire Payment / Retainer 36372" Allocated to specific invoices
11/23/2022 $297,603.83 "Wire Payment / Retainer" Allocated to specific invoices
11/23/2022 $248,815.91 "Wire Payment / Retainer" Allocated to specific invoices
12/23/2022 $260,014.82 "Wire Payment / Retainer" Allocated to specific invoices
1/18/2023 $143,796.29 "Wire Payment / Retainer" Allocated to specific invoices
1/31/2023 $90,997.52 "Retainer / Payment" Allocated to specific invoices
2/7/2023 $42,804.19 "Wire Retainer" Allocated to specific invoices
3/9/2023 $331,322.00 "Wire Payment / Retainer" Allocated to specific invoices
5/10/2023 $936,422.00 "Wire Payment/Retainer Multiple invoices" Lists explicit invoice batches
6/15/2023 $523,144.00 "Wire Retainer Multiple Dockets" Allocated to 39+ dockets
7/7/2023 $296,898.00 "Wire Retainer Multiple Dockets" Allocated to specific dockets
7/10/2023 $331,352.00 "Wire Retainer Multiple Dockets KFU" Allocated to specific dockets
... ... ... ...
Total $9,661,703.98 All labeled "Retainer" All allocated to fixed-fee invoices

How Each "Retainer" Wire Was Immediately Allocated

The trust ledger shows that upon receipt of each wire, Martha Long (JNL) immediately transferred funds to individual docket sub-accounts with specific service labels. For example, the 6/15/2023 and 6/19/2023 entries show simultaneous transfers to:

Each transfer names a docket number and service type. Nothing is held as a general retainer.


4. Statistical Proof: Fixed-Fee Dominance

Invoice Count by Price Point (Top 15)

Fixed Fee Count % of Total Service Type
$400 1,096 22.6% Patent Search
$2,400 718 14.8% Patent Office Review / Filing Fee
$920 584 12.0% Issue Fee Payment
$500 284 5.8% Patent Search (older rate)
$11,440 284 5.8% Patent Application (alt)
$1,600 271 5.6% Office Action Response
$11,840 265 5.5% Patent Application (std)
$3,440 220 4.5% Continuation Application
$640 201 4.1% IDS / Restriction Response
$784 104 2.1% Issue Fee + IDS combo
$1,160 64 1.3% Office Action + IDS combo
$865 45 0.9% Maintenance Fee Payment
$9,440 41 0.8% Application Professional Fees
$1,400 38 0.8% Complex Office Action Response
$2,100 33 0.7% Partial Continuation
Subtotal 4,248 87.4%

Overall Match Rate


5. The Mismatch: What the Documents Actually Say

Trust Ledger Says:

"Wire Payment / Retainer King Faisal University 36372"

But the Invoice Records Say:

And the Docket Ledger Explicitly Says:

"Flat Fee" (on every reversed hourly entry before rebilling at the fixed rate)

Docket Suffix Confirms Service-Based Billing:

Suffix Meaning Primary Fee Invoice Count
U Utility Patent Application $11,440 or $11,840 2,574
S Patent Search $400 or $500 1,419
A Continuation Application $3,440 662
G General/Administrative Varies ($25-$625) 57
X PCT/International $5,040 29
D Design Patent Varies 3

6. Evidentiary Significance

For Damages Calculation:

Every dollar flowing through Trust 36372 was earned through specific patent services performed under Litman's name. The "Retainer" label is irrelevant -- the underlying invoices prove fixed-fee-per-service billing where each service required use of Litman's name (POA, filing receipt, correspondence).

For Goldberg's "Purely As A Courtesy" Defense:

If these were retainer payments for discretionary services, one might argue Litman's name was incidental. But fixed-fee-per-patent billing proves each use of Litman's name was directly tied to a revenue event -- a commercial transaction, not a courtesy.

For Commercial Use Under NY Civil Rights Law Section 51:

Each $11,840 patent application, each $2,400 patent office review, each $920 issue fee payment represents a discrete commercial transaction in which Litman's name and identity were the essential credential enabling the work. The trust ledger proves $12.2 million in KFU revenue alone flowed through this arrangement.

Key Numbers:


7. Source Documents

Source Path What It Proves
KFU Receivables evidence/gmail_downloads_account2/attachments/KFU_Receivables_Payments_061125.csv 4,860 invoices with standardized BILLED amounts
Middle East Statements output/MIDDLE_EAST_STATEMENTS_20250224.csv 563 KFU invoices with fees/disbursement breakdown
Trust Ledger 36372 output/KFU_TRUST_LEDGER_36372.csv Wire deposits labeled "Retainer," allocated to fixed-fee dockets
Docket Ledger 33110.90U ~/Downloads/06.09.2025 33110.90U Ledger.pdf Full patent lifecycle: hourly tracking reversed as "Flat Fee"
Docket Ledger 33110.89U ~/Downloads/06.06.2025 Docket No. 33110.89U Ledger.pdf Same flat-fee pattern with Certificate of Correction

Analysis prepared from NGM's own accounting records produced in discovery.