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As for the type of cases on which the survey respondents had used litigation funding, the most common use was in connection with intellectual property cases. 49% said they had used litigation financing in connection with intellectual property cases, 31% in connection with commercial litigation, and 15% in connection with competition litigation. The text accompanying the survey results suggests that intellectual property cases attract litigation funding because they are expensive to litigate and often involve a mismatch of resources between adversaries, but potentially offer significant possible returns. The article also suggests that intellectual property lawsuits may be more susceptible to qualitative assessment – that is, it may be easier to assess the merits at the outset.

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