Sarah Tsou is the Global Head of Omni Bridgeway‘s Intellectual Property Business.
Recognized as one of only two Band 1 individuals nationwide for Litigation Funding (Intellectual Property) by Chambers & Partners, it was noted that she is “praised for her trial lawyer’s perspective when it comes to intellectual property cases, as well as for her underwriting skills.” She has also been named an “unparalleled leader in the world of litigation finance” by IAM. Sarah has been invited to speak on litigation funding issues by prominent industry organizations such as the Federal Circuit Bar Association, Intellectual Property Owners Association, International Intellectual Property Society, and New York City Bar Association, and is frequently quoted in publications such as Law360 and Managing IP.
Prior to joining the company’s New York office in 2019, Sarah was a partner in the intellectual property practice group at Kirkland & Ellis LLP, focusing on patent litigation. In addition to handling patent disputes spanning a broad range of technologies and industries, she also led trade secret and trademark litigation teams and counseled clients in corporate acquisitions, licensing matters, and other transactions.
Sarah approaches litigation funding deal evaluation and diligence with the expertise of a litigator who has spent over a dozen years representing clients in all aspects of complex litigation from inception to trial. She has advised clients ranging from start-ups to Fortune 100 companies on risk, cost analysis, IP portfolio and market analysis, and strategy, and she understands the factors that companies and law firms weigh when deciding whether to engage in litigation. Her substantial case evaluation and trial experience inform her ability to structure funding deals that allow alignment of risk between all parties to the deal. Having secured significant verdicts and resolutions for clients in industries including computer software, electronics, pharmaceuticals, medical devices, biotechnology, and oilfield services, she offers valuable insights to Omni Bridgeway’s funded clients and their counsel when they need strategic advice during the course of litigation.
The COVID-19 pandemic and widespread shelter-in-place orders have hit every corner of the country’s economy, including tech companies of all sizes. Many tech companies have traditionally maintained large patent portfolios to enhance company value and for defensive reasons—i.e. to dissuade competitors from filing suit. But monetizing these dormant patent assets—which can cost a great deal to simply maintain—may provide a solution during these difficult economic times. We of course do not recommend asserting any IP right that could hinder a coronavirus cure or treatment. But for companies with large patent portfolios in computer, server, software, and other hardware-related technology, the economic times may be right to monetize those assets, and luckily, the law is trending in favor of patent holders both in district courts and before the Patent Trial and Appeal Board (PTAB).