Clause 8

"To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries."

U.S. Const. Art. I, Sec. 8, Cl. 8

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Clause 8, Episode 19: Sarah Tsou – Patent Litigation Funding

  June 4, 2020

This episode features an interview with Sarah Tsou, who is an investment manager for patent litigation at the world’s leading litigation funder, Bentham IMF (now part of Omni Bridgeway Limited).

The playbook is simple for deep-pocketed defendants facing lawsuits from patent owners with limited resources. Even if a patent owner has a very strong case, the defendant can just drag the case out long enough until the patent owner and his lawyers run out of resources to continue. At best, the patent owners are forced to settle lawsuits for a fraction of what they think they are owed. Patent litigation funders have changed this calculus by providing select patent owners with enough resources.

During this episode, Sarah talks about:

· becoming a patent litigation partner at Kirkland & Ellis and working with John Desmarais before he started his firm focusing on patent monetization;

· how patent litigation funding can help in-house attorneys who are facing shrinking patent litigation budgets due to the Covid-19 pandemic;

· what 1% of cases have the rare mix of merits and economics to receive funding from top litigation funders, including a discussion of specific amounts of potential damages and legal fees;

· how she finds the cases that she funds;

· why having the right patent litigation attorneys who are willing to share the risk is crucial;

· what a Chief IP Counsel should think about when building a patent portfolio if he’s interested in possibly taking advantage of patent litigation funding in the future;

· the importance of curiosity for junior attorneys who want to enter the litigation funding field; and

· much more!

 

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