IP owners and their counsel

IP litigation funding

An IP claim turns on the strength of the right, the damages theory and the court. A funder reads those in a fixed order, and the request should make each one easy to find.

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Who this is for

Patent and IP owners, licensing teams and the counsel who enforce their rights

Your job is to enforce a right without letting the cost of enforcement decide whether you do. You need to know what a funder tests first and what makes an IP claim straightforward or hard to read.

Who it is for
What it covers
What the funder reads
How to prepare it
Read next
Questions

Figure 1How a forum duration band is drawn. The shaded band is the range in which comparable IP matters in one court reached resolution. The tail to the right is the slower matters, kept visible.Illustrative

What IP litigation funding covers

IP litigation funding provides capital to enforce patents, trade secrets, copyrights or trademarks, or to monetize a portfolio of rights, in exchange for a share of any recovery. It can fund one case or a group of related cases.

Criterica Capital prepares the request from court records and private settlement data and sends it to independent funders, who each decide on their own.

What the funder reads in an IP claim

First the right: its validity, its scope and its ownership, and whether there is a history of challenge. Then the infringement or misappropriation case and the evidence for it. Then the damages theory and the data behind it. Then the forum: how the court has handled similar cases, how long they take, and how often they reach trial.

The forum reading is drawn from filed records. The rest comes from the owner and counsel and is stated as such.

How to prepare the request

Provide the right or the portfolio, the claim summary, the damages model, the engagement terms with counsel and the proposed or current forum. For a portfolio, add the status of each asset so the funder can see which rights are enforceable now.

How to read this

A forum band describes how comparable matters have moved in a court. It informs timing and sits next to the merits of the right, which the funder judges on its own.

Questions readers ask

What is IP litigation funding?

Capital provided to enforce patents, trade secrets, copyrights or trademarks, or to monetize a portfolio of rights, in exchange for a share of any recovery.

What does a funder test first in an IP claim?

The right itself: its validity, scope and ownership. Then the infringement case, the damages theory and the forum.

Can a portfolio of IP assets be funded?

Yes. For a portfolio the request adds the status of each asset so the funder can see which rights are enforceable now. Independent funders each decide on their own.

Next step

Bring one large claim, judgment or award.

It is read from the record and prepared for independent capital providers. Independent funders each decide on their own.

Submit a large claim