Nov. 14, 2022
Evolving approaches to discovery of litigation funding agreements
Courts are adopting more stringent strategies to police discovery of litigation funding arrangements, requiring vigilance from patent litigants and their attorneys
As the debate over disclosure of third-party litigation funding continues, the industry keeps expanding. Last year, funders managed over $12.4 billion in assets, with patent disputes accounting for nearly one-third of $2.8 billion in capital commitment. In response, patent-heavy courts are adopting various -- and often divergent -- approaches to discovery of such arrangements. Each approach has been met with varying degrees of compliance and enforcement. Regardless, ...
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