Applying Litigation Funding within Intellectual Property (IP) Disputes

Helping individuals & companies protect their innovative ideas and creations through flexible litigation funding solutions.

The role of litigation funding in intellectual property disputes

Intellectual property (IP) disputes, encompassing patents, trademarks, copyrights, and trade secrets, are often complex legal battles requiring significant financial investment. Litigation funding, also known as third-party funding, empowers individuals and businesses to protect their innovations and creations by providing financial support throughout the litigation process.

This financial backing allows plaintiffs to pursue legal action without the upfront burden of substantial costs. Litigation finance covers legal fees, expert witness fees, costs of purchasing test products, renewal fees and other associated expenses, enabling innovators to vigorously defend their intellectual property rights.

By providing financial security, third-party funding fosters a level playing field within the intellectual property landscape. It ensures that innovators, regardless of their initial financial resources, have the means to protect and monetise their intellectual property and maintain their competitive edge.

Deminor supports new and on-going IP disputes through its unique litigation financing solution.

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Common types of IP dispute claims

  • Patent Infringement: When someone makes, uses, sells, or offers to sell a patented invention without the rightful owner's permission.
  • Trademark Infringement: Unauthorised use of a trademark that creates confusion in the marketplace regarding the source of goods or services.
  • Copyright Infringement: Unauthorised use, reproduction, distribution, or display of copyrighted material, such as creative works or software.
  • Trade Secret Misappropriation: Improper acquisition, use, or disclosure of valuable confidential business information that provides a competitive advantage (e.g., formulas, patterns, compilations, programs, devices, methods, techniques, or processes).
  • Domain Name Disputes: Conflicts arising from the registration or use of internet domain names that are identical or confusingly similar to established trademarks.
  • Design Patent Infringement: Similar to patent infringement, this involves the unauthorised use of a patented design element or ornamental feature of a product.
Your success is our success:

We are only paid when we win or settle your case.

Deminor handles all litigation costs and receives a percentage of the losses recovered.

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How litigation funding can be used within IP dispute claims

  • Financing Legal Expenses: Litigation funding covers lawyer fees, court costs, and expert witness fees, allowing you to focus on your case without the financial strain.
  • Maintaining Cash Flow: Lengthy legal battles are common. Litigation funding ensures you can maintain your business or personal finances while the case unfolds.
  • Mitigating Financial Risk: Funding agreements typically involve the funder covering costs in exchange for a share of the potential settlement or award, minimising your financial risk.
  • Levelling the Playing Field: Litigation funding empowers individuals and small businesses to pursue claims against larger, well-funded defendants, promoting a fairer legal landscape.
  • Encouraging Meritorious Claims: It allows funding for strong legal cases with limited financial backing, ensuring potentially valuable intellectual property disputes are not stifled by lack of resources.

Global IP practice is led by Dr. Emily O’Neill

Emily ONeill_IP

Our Intellectual Property practice is led by Dr. Emily O’Neill who has not only been recognised as a strategic IP leader by IAM Strategy 300 but also as a Corporate IP Star while managing the IP and litigation within an FTSE 110 company, in addition to having the role of Director, AIPPI UK and Committee Member of the AIPPI In-House Advisory Committee.

Her in-house corporate experience means that she has an understanding of the dynamics of bringing an enforcement action from a business perspective. Deminor’s team works collaboratively with companies and their law firms to identify optimal strategies for enforcement and can provide seed funding for early investigations to support its clients and their law firms to develop their cases.

Contact Dr. Emily O’Neill here