Litigation Funding for Patent Owners

We help connect to resources for expensive litigation

Patent infringement litigation can be very expensive. Even with representation by counsel on full contingency, litigation costs including expert witness fees, damages reports, and other trial costs can be significant. Additional funds may also be necessary for legal fees for defending IPRs since most attorneys may not include IPR defense in their contingency agreement. Paying full rates to fight an IPR could wipe out your savings.

Patent litigation funding may provide the only way for a small company or individual to pursue a recovery for unauthorized use of patents. Patent litigation, however, is often seen as high risk by funders. There could be the possibility of the patent being invalidated by IPRs which may make the case look more unappealing than other types of litigation cases.  Plus, for those cases that go to trial, juries may not understand the technical aspects enough to give an infringement verdict, even in the most meritorious cases. Although, you may think infringement is clear it can be difficult to convince a jury. With all these unknowns, funders can be very picky about which cases they will finance. Finding litigation funding for patent cases with reasonable terms and going through the due diligence process can be arduous and take several months. 

Protego can help expedite this process by identifying funders who are willing to finance meritorious patent infringement cases. We work to ensure that all the necessary information is easily consumable by the funder to help make the due diligence process go faster.  There are also options for you to receive money directly to help you pay your bills as you continue to fight patent infringement on your technology. Let us help you navigate this complex process.

Steps to Building a Litigation Funding Proposal

1. Contact Protego

We can help you navigate this complex world of patent litigation funding. Set up a no obligation consultation.

2. Get a Case Review

We present your case to a funder who, if interested, will evaluate the strengths and weaknesses. If the funder determines that you may have a meritorious infringement claim, we continue the process.

3. Prepare a Damages Estimate

Next, the funder will evaluate the potential damages and ability of the defendants to pay. If you do not have an estimate for the damages, we can help you with this estimate for a fee.

4. Create Claim Charts

These charts clearly communicate how the defendant(s) are infringing on your patented technology. Funders usually require claim charts in order to review your case. But, if you do not have claim charts, we can help you draft these for an additional fee or as part of your funding agreement.

5. Establish the Budget

The budget for the case in many cases will come from your attorney. This will include costs for expert witnesses, paralegals, documents, recordings, travel and other expenses. If you have a “hybrid” agreement with your attorney where they will take partial legal fees and a portion of any settlement, the budget will also include an estimate of these fees.

6. Provide the Attorney Agreement

If you already have an attorney, we will include this in the funding review package. Note, if you do not have an attorney yet, we can help connect you with one that fits your needs. Some funders may also prefer certain attorneys on the case. Therefore, if you are considering litigation but have not hired an attorney yet, please reach out to us first so we may provide some options.

Litigation Funding for Patent Owners

Protego is here to help. Contact us to learn more about the litigation funding process. We will answer your questions and discuss some options. Speak to us before you decide on a funder. Ask us how we can help connect you with a funder for patent infringement litigation.