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Patent Litigation Financing: Third-Party Considerations, Judgment Preservation Insurance, Control of Litigation

Recording of a 90-minute premium CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
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Conducted on Thursday, June 1, 2023

Recorded event now available

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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.


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.



  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


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


Nese, Bryan
Bryan C. Nese

Mayer Brown

Mr. Nese’s practice focuses on complex patent litigation, both in district court and at the International Trade...  |  Read More

Stroud, Jonathan
Jonathan Stroud

General Counsel
Unified Patents

Mr. Stroud focuses on the interplay between Patent Trial and Appeal Board (PTAB), district court, and International...  |  Read More

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