IP Finance: Using Funding and Insurance to Pursue Infringement and Protect Verdicts

IP Finance: Using Funding and Insurance to Pursue Infringement and Protect Verdicts

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In the patent space, litigation is often the only way for an innovator to protect its valuable IP and to stop infringement. This is because many companies make the business decision to infringe patented technology instead of paying a royalty to license it. The calculation is based on several considerations, including high IPR invalidation rates, the potentially long timeline of litigation, the lack of injunctive relief, and the sheer inability of many patent owners to afford litigation.  Lacking leverage, many patent owners cannot stop infringement.

Now that finance and insurance have entered the patent sphere, leverage is shifting back toward certain patent owners. This panel will explore how patent litigation funding can help companies, law firms, and universities tasked with protecting valuable IP in court. The panelists will explore the considerations that funders make in choosing patent owners or law firms to fund, how deals are structured, and other innovative financial instruments now available to patent owners. The panel will also take a detailed look at a recent development for patent owners: judgment preservation insurance. It will cover the details of such insurance policies and how patent owners can use judgment preservation insurance to protect hard-won district court verdicts.

CLE Materials (Requested in Virginia only)

The Market For IP-Based Financial Offerings Is Finally Maturing

Patent Litigation Likely to Rise with More Litigation Financing Opportunities

The Great Escape: Efficient Infringers Increasingly Seek to Abuse Antitrust Law