Patent Litigation Funding, Deal Structures and Best Practices

Patent Litigation Funding, Deal Structures and Best Practices

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Today, many companies make the business decision to infringe patented technology instead of paying a royalty to license it—so called efficient infringement. The calculation is that it will ultimately be less expensive to ignore the patent rights of innovations than to take a license in an arm’s length negotiation. For much of the last 15 years that calculation has proved that efficient infringement pays.

To address the needs of patent owners, litigation financing has increasingly entered the patent litigation space over the last several years, and more recently insurance too, with a great deal of money almost flooding the marketplace now. Patent litigation funders with a proven track record of success do not jump at just any case, and they know well the risks facing the patent owner over what is going to be a very long road to recovery. Notwithstanding, this money and its creative deployment strategies are equalizing the playing field for patent owners.

This panel will discuss:

(1) How, when, and why patent litigation funders agree to deploy capital and structure deals.

(2) Current strategies and best practices associated with patent litigation funding and the all-important due diligence that goes into funding decisions.

(3) The pros and cons associated with picking cases to fund one by one versus law firm portfolio funding.