Burford Capital on litigation financing: http:/

Burford Capital on litigation financing:

http://www.burfordcapital.com/newsroom/need-o...financing/

The best candidates for IP finance should also meet certain criteria (see below). Matters that don’t meet these criteria may still be considered — but counsel will need to provide additional information before the matter can undergo diligence.

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Counsel: The patent holder has retained legal counsel with a proven track record of success in patent matters, preferably in the same field as the patented technology. Demonstrated expertise and capacity to handle the contemplated campaign matter greatly to finance providers; whether counsel is from a large firm or boutique do not.
Capital requirement: The matter under consideration requires at least $1 million in financing.
Damages: There is a clear path to more than $20 million in damages at trial — the minimum amount required to satisfy the economics of funding.
Invention: The invention is in a field with high, established royalty rates, or where the value of the patented technology is easily quantifiable.
Risk: The opportunity presents a compelling mix of risk and reward. Matters best suited to funding are high-risk and high-reward, as they can be the hardest for a litigant to self-fund.

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The length of the diligence process varies depending on the case stage:
For yet-to-be-filed suits and/or patents that have not yet been tested, the diligence process takes time—generally 60 days.
For matters that have already made it past the PTAB or survived dispositive motion practice, the process is typically shorter—closer to 30 days.
For matters on appeal, the diligence process can be very short—as few as 10 days.

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