Patent Litigation Funding: Evaluating and Formulating Assertion and Monetization Strategies

Patent Litigation Funding: Evaluating and Formulating Assertion and Monetization Strategies

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Over the last several years we have seen the return of large patent infringement verdicts, and verdicts that have also enhanced damages for willful infringement. These verdicts have not gone unnoticed by by patent litigation financiers and patent litigators who represent patent owners.

How is this landscape changing the way patent owners are evaluating and formulating assertion and monetization strategies? How are patent litigation funders evaluating risks? Is it better from a funders perspective to already have an IPR instituted? When does an IPR create too much of a risk? What size patent portfolio is necessary to begin to minimize the risk profile to make an enforcement strategy palatable? How do you pick which companies to target first with an assertion campaign? How does likely venue challenges influence case value and whether or not to fund a case in the first place? Does the likelihood of litigating in a district court with strict funding disclosure requirements matter?