The release of a new specialist website from TheJudge ATE insurance brokers has generated a great deal of interest from patent litigators in relation to litigation funding and ATE insurance for IP and patent cases. The specialist site which focuses on After the Event insurance and third party funding for intellectual property cases is just one of four sites dedicated to individual areas of law for which these funding arrangements apply; the other four sites focus on arbitration, competition and insolvency litigation.
TheJudge is the largest and most experienced independent broker within the industry and has over a decade of experience in brokering litigation funding and litigation insurance for patent cases. They act as a thought leader within this niche area and recently hosted an interesting panel debate on the subject of litigation funding for IP cases with panellists from firms such as Bristows, Wragge & Co. and Olswang LLP to name but a few.
Third party funding is now an established concept within the market, essentially an investor funds the case in exchange for a share of the license fees, damages and/or future royalties received. This may be because the litigant does not have the funds to pursue the case alone or could be because they wish to keep their legal expenses off balance sheet and for a third party to share the risk.
ATE insurance for intellectual property cases protects the litigant from costly legal expenses in the event that they are unsuccessful at court. After the Event insurance offers reassurance to litigants and helps to further reduce the financial risks involved in engaging in commercial litigation, particularly within the complex area of intellectual property.
Another possible advantage to take into account when dealing with funding, would be to consider patent litigation insurance to run alongside each other. ATE insurance and third party funding can be taken out together or separately, in either case it is best to speak with an expert broker about the best arrangements.
Whichever form of funding and / or insurance is chosen, a major factor is to consider is whether the finance arrangement is priced competitively, well-structured and offers adequate cover for the case. TheJudge can offer independent expert advice on patent litigation funding and insurance and advise on the best options for your specific case as well as conducting an extensive search of the market to secure the best terms. Take a look at their specialist IP & patent litigation site at: http://www.patentlitigationfunding.com/