A patent is a right granted to an inventor permitting them to exclude others from making, selling, or using their invention for a limited time. But for a patent holder to secure fair and proper value for their intellectual property, they must often turn to the courts. Here, patent holders may face large, well-capitalized defendants who have unlimited resources to fight litigation claims. These defendants will not only vigorously challenge the claims of infringement and the validity of the patent in court, but they, and other third-parties, may also file multiple challenges to the validity of the patent before the United States Patent and Trademark Office.
These factors mean that patent litigation is often riskier and more expensive than other types of litigation. This makes patent litigation especially well-suited to third-party financing, which gives a claimant the necessary resources to pursue a case to its conclusion while minimizing some of the risk along the way.
At Curiam, we give individuals, businesses, and law firms the ability to pursue strong patent claims without the fear of being buried in legal costs or adding substantial risk to the patent holder’s business. Our financing is non-recourse, which means we do not collect a return unless the litigation is successful. And as with all financing from Curiam, we do not control the litigation.
The Benefits of Patent Litigation Financing
- Financing gives claimants access to steady capital to help level the playing field. Financing can help patent holders pay for legal fees and expenses, including costly expert fees. This backing gives plaintiffs the staying power to see meritorious cases through to their conclusion, even against the best-capitalized defendants.
- Financing allows businesses to retain capital for ordinary business purposes while still pursuing strong legal claims. Even if a claimant has the necessary resources to pursue the litigation, it may benefit from funding so that its capital can be put to the better use of ongoing business operations or growth.
- Financing helps reduce the risk to claimants of unpredictable patent litigation. There are many stages in the life of a patent dispute where a case can be defeated or limited. Claimants can protect against some of these risks by obtaining non-recourse financing from a third-party.
- Litigation finance can increase access to justice for aggrieved patent holders. With the financial backing and credibility of a litigation funder, a plaintiff can negotiate a more equitable settlement, rather than being forced to accept an inadequate settlement because of limited funds.
- For law firms, financing can reduce the risk of contingency arrangements and free up capital to take on new cases. Law firms can take on additional, high value patent cases by sharing the costs and risks with a funder. They can also use financing to fund an existing patent litigation portfolio or new claims.
Why Choose Curiam?
Curiam’s team has decades of experience working on some of the largest and most complex litigations in United States history. Curiam also has a streamlined investment process that allows it to make decisions more quickly than many litigation funders. Finally, Curiam has a reliable and transparent source of capital.