Patent Infringement Litigation Funding

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Patent Infringement Lawsuits Can Be Costly. We Can Help With Funding.

Patent infringement litigation can be an expensive process, especially when the cases are complex or protracted. Legal fees, expert witnesses, discovery costs and other expenses involved in pursuing or defending a patent case can easily escalate into the millions of dollars. This is why many companies seek outside litigation funding when involved in a patent dispute.

Our company, America Lawsuit Loans, provides litigation financing to both plaintiffs and defendants in patent infringement lawsuits. If your company is embroiled in a patent case and needs help covering the legal costs, we may be able to assist with funding.

What Is Patent Infringement?

Patent infringement occurs when one company or individual makes, uses, sells or imports a product or technology that is protected by someone else’s patent without permission. Essentially, they are stealing intellectual property. Patent holders can file lawsuits against alleged infringers to protect their invention rights and seek compensation for damages through the courts.

These types of cases are filed in federal court and go before a judge and jury. The plaintiff patent holder must prove that their patent is valid and that the defendant is infringing upon it in some way. The defendant accused of infringement can argue that the plaintiff’s patent is invalid or unenforceable for some reason.

Patent litigation is extremely complex, involving intricate legal and technical details. Substantial evidence and expert testimony are required to build strong positions for both sides. This is what drives up the costs so dramatically. Our litigation funding helps alleviate the financial burden for clients involved in these lawsuits.

How Our Litigation Funding Works

At America Lawsuit Loans, we provide funding to both plaintiffs and defendants embroiled in patent disputes. Here is an overview of how our litigation financing works:

  • We offer flexible funding up to $10 million per case based on need. Strong cases with good chances of winning are more apt to receive maximum funding.
  • There are no monthly payments owed to us. Repayment of the funding only comes from proceeds if the case results in a settlement award or judgment.
  • We do not take control of litigation decision-making or strategy. Those choices remain entirely with your company and its attorneys. We do not influence settlements.
  • If the case is unsuccessful, you owe us nothing. Our patent litigation funding is provided on a non-recourse basis.
  • The application process is quick, easy and confidential. Our experienced underwriters can assess most cases within a few days.
  • Once approved, funding can be provided within as little as 2-3 days to start paying litigation expenses.

The Benefits of Our Litigation Funding

Partnering with our company for patent litigation funding provides several advantages over pursuing cases alone or seeking traditional loans. Here are some of the key benefits:

  • We understand complex patent cases – Our underwriters have deep expertise in intellectual property law and patent litigation. They know what it takes build a strong case. This helps them accurately assess the merits and provide sufficient funding.
  • We can fund millions – Patent cases often require spending millions just to get to trial or reach a settlement. We have the backing to provide million-dollar funding when warranted for strong cases.
  • There are no upfront costs or monthly payments – You only repay the funding from proceeds if your case succeeds. If you lose, you owe nothing no matter how much we provided.
  • Quick and easy process – Our streamlined application and approval process gets you funding in as little as a few days, with no long waits.
  • Maintain control – We do not take over decision-making or tie your hands. You maintain complete control over your case strategy and settlement choices.

By relieving the financial burden, our litigation funding allows clients to build strongest case possible against infringers. It levels the playing field against large companies trying to outspend you on defense. The benefits of our patent litigation financing give your company its best chance of success in these complex disputes.

Plaintiff Litigation Funding Requirements

For patent infringement plaintiffs specifically, there are some basic requirements to qualify for our litigation funding:

  • Your company must own a valid patent that is being infringed upon. The patent must be registered properly and all maintenance fees paid to date.
  • Infringement must be provable. Your attorneys will need strong evidence and ability to prove the defendant violated your patent rights.
  • The potential damages award must be substantial. Likely damages of at least $10 million or more help warrant our litigation investment.
  • Your legal team must have significant intellectual property litigation experience. We prefer attorneys with proven patent case success.
  • Your company must demonstrate a need for funding based on financial hardship, high case costs or both.

We conduct rigorous due diligence on each patent case before approving funding. But the process is smooth if these requirements are met. With the right plaintiff case, we can provide the financing support needed to take on even the largest infringing companies.

Defendant Litigation Funding Requirements

For defendants accused of patent infringement, we also offer litigation financing but under slightly different requirements:

  • The case against you must have apparent weaknesses that can be exploited by your defense team. We provide funding for cases you have a good chance of winning or settling favorably.
  • Your company must have urgent financial need. Patent cases strain resources fast. We can provide funding relief so you can mount the strongest defense possible.
  • Your technology must have clear evidence of prior art or other Basis to invalidate the plaintiff’s patent. Proving their patent is invalid is a key strategy.
  • As with plaintiffs, your attorney team must have significant intellectual property and patent litigation experience to take full advantage of vulnerabilities in the plaintiff’s case.

By funding strong defense cases, our litigation financing helps defendants fight infringement claims and avoid unreasonable settlement demands or court-awarded damages. Talk to us to determine if your patent case qualifies for defendant funding support.

The Litigation Funding Process

If you feel your company could benefit from our patent litigation financing services, here is a brief overview of the process:

  1. Complete our online funding application – This provides key details about your case that allow our underwriters to make an initial assessment. The application is quick and confidential.
  2. Talk to an underwriter – We will connect you directly with an underwriter knowledgeable in patent disputes to discuss your specific situation in more depth.
  3. Underwriter reviews case details – The underwriter will fully review case documents, patent information, attorney assessments, and other materials to analyze the merits and risks.
  4. Funding decision – Within a few days of completing due diligence, we will provide a funding offer outlining proposed terms if approved.
  5. Accept funding agreement – If you accept the offer, we will finalize the agreement and transfer funds within 2-3 days to start paying litigation expenses.
  6. Litigation continues – With funding in place, you and your attorneys proceed with the case while keeping us updated on progress.
  7. Repayment from proceeds – If the case succeeds, repayment of funded amounts owed comes from the ultimate award or settlement.

The application and approval process is intended to be fast and smooth. We want to get you the financing needed quickly so you can focus on your case. If you have an urgent funding need for a patent dispute, contact us immediately to start the process.

Frequently Asked Questions

Over the years providing patent litigation financing, we have answered all kinds of questions from clients about our funding services. Here are some of the more common questions we receive:

How much can you fund?

For strong cases we feel confident about, we can provide up to $10 million in funding or more if warranted. Amounts will vary based on case details and projected costs.

How quickly can I get funding?

Once approved, we can deposit funds in your account in as little as 2-3 days. The application process only takes a few days itself.

What if I lose my case?

Our funding is non-recourse, so you owe nothing back to us if the case is unsuccessful. We take on all risk of losing the investment.

Do you make legal decisions?

No, we do not take over case strategy or make litigation decisions. That remains in control of your attorneys. We provide support and guidance based on our expertise when needed.

Can you fund defense cases?

Yes, we provide litigation funding for patent defendants as well as plaintiffs. Strong defense cases qualify for funding just like plaintiff cases.

Do I pay any fees?

No, there are no monthly fees or upfront costs. You only repay funding from ultimate case proceeds if successful. If not, you owe us nothing.

These are just some examples of questions we receive frequently about our patent litigation funding services. Please reach out if you have any additional questions not covered here or on our website. We are happy to provide answers and clarity.

Contact Us for Patent Litigation Funding Support

If your company is pursuing a patent infringement case or defending against a claim, the costs involved can escalate quickly. With millions often required to litigate these disputes fully, many companies struggle to fund cases alone. Our litigation financing helps strengthen your position by providing the capital needed to build the strongest case possible.

Our experienced team will provide a prompt, confidential assessment of your case and funding options. We have supported numerous clients in patent disputes across a wide range of industries. Tap into our expertise and capital to give your company the best chance of success. Contact us today!

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