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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Patent

Date & Time
  • event Date

    Thursday, June 1, 2023

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$347.00
CLE
ALL

This CLE webinar will guide patent counsel on patent litigation financing and the associated issues. The panel will discuss the options patent owners and litigators have for financing. The panel will address third-party funding and the use of judgment insurance. The panel will also discuss key considerations when involving third-party funders and court treatment of these issues.

Faculty

Bryan C. Nese
Partner
Mayer Brown LLP

Mr. Nese’s practice focuses on complex patent litigation, both in district court and at the International Trade Commission (ITC). He has been a crucial part of trial teams before juries and at the ITC and has assisted in all aspects of discovery, trial preparation, and post-trial filings. Mr. Nese has particular expertise in advising clients on how IP assets can fit into an affirmative recovery plan, including strategies for monetizing robust patent portfolios. A registered patent attorney, Mr. Nese is also well-versed in handling the technical aspects of patent litigation. His technical experience extends to a broad range of technologies, including computer products and peripherals, image sensors, automotive technology, medical devices, electromechanical devices, and consumer products.

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Jonathan Stroud
General Counsel
Unified Patents

Mr. Stroud focuses on the interplay between Patent Trial and Appeal Board (PTAB), district court, and International Trade Commission (ITC) litigation. He manages Unified Patents’ IPR portfolio, district court, and appeals work. He has litigated, examined, prosecuted, counseled, and handled patent disputes. Involved in some of the earliest America Invents Act (AIA) patent challenges, he has drafted, filed, and represented clients on covered business method (CBM) and inter partes reviews (IPRs) for both patent owners and petitioners, drafting several petitions, responses, and motions.

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Description

Some companies decide that licensing patented technology is too expensive and choose to infringe the technology, calculating that it will cost less to risk being sued for infringement than to enter into a license agreement. The patent owner often must resort to litigation to put an end to the infringement and protect its IP. However, lack of financial resources poses a significant hurdle for many patent owners.

Enter patent funders. Patent litigation finance has increased significantly over the past few years. As the courts show a willingness to enhance punishment for willful infringement, damages awarded are high. Patent litigation continues to attract funders, who buy in and treat the investment like other deals. These complex deals may also include judgment preservation insurance.

Patent litigation financing comes with risks. The more complex and larger the patent suit is, the greater the financial risk. Like other companies, third-party funding companies seek to maximize the financial outcomes while minimizing the risk. Companies going into business with third-party funders should consider potential conflicts of interest, undue influence, and disclosure issues.

Listen as our authoritative panel of patent attorneys examines the options patent owners and litigators have for financing. The panel will address third-party funding/investing as well as the use of judgment insurance. The panel will also discuss issues associated with third-party involvement and how the courts have addressed these issues.

Outline

  1. Financing patent litigation options
  2. Third-party funding/investing
  3. Judgment insurance
  4. Considerations/concerns with third-party involvement
    1. Undue influence
    2. Conflicts of interest
    3. Disclosure
    4. Court treatment
  5. Best practices for patent owners/litigants

Benefits

The panel will review these and other key issues:

  • Recent trends in third-party litigation funding
  • Use of judgment insurance
  • Key considerations when involving third-party financing of litigation