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Litigation Financiers / Attorneys
How OSO-IP Can Help
In situations where a patent portfolio is not quite ready for financing and assertion, Oso IP, LLC (“Oso IP”) secures financing to use “continuation” practice to procure new patents that will meet the high standards of Patent Litigation Financiers & Lawyers (“Patent Litigation Firms”). Thus, Oso IP’s secured prosecution financing enables a patent holder to regroup and return to the table with Patent Litigation Firms, for securing the more sizeable capital and/or contingency agreement the patent holder needs for initial patent assertion.
Further, after litigation financing/contingency terms are secured, Oso IP continues financing the procurement of additional new patents, based on information gleaned from the initial assertion, where such additional new patents can be used for additional, iterative assertions.
“Insurance” For Your Investment
The mere existence of Oso IP’s secured financing (for both initial and additional/iterative patent procurement/assertions) gives Patent Litigation Firms additional confidence of a maximum return on investment. This additional assurance is afforded by maximizing chances of overcoming the many legal obstacles [e.g. post-grant challenges, 101 challenges, etc.] during an initial assertion, as well as enabling the possibility of a proper legal “second bite” at the apple through additional, iterative assertions, by carefully navigating “collateral estoppel”/”issue preclusion” that historically work to limit inappropriate additional assertions. Through its secured funding, Oso IP thus sets the stage for maximizing the possibility of achieving legally-appropriate multiple judgements/verdicts, in case an initial assertion ends in an adverse judgement/verdict.
Creating a “Stronger”, not “Weaker,” Narrative as a Case Progresses
By the infringers witnessing additional patents being issued that address the infringers’ own attacks, such infringers quickly recognize the fact that the patent holders’ overall assertion is getting stronger, not weaker, as a result of the infringers’ attacks. This important narrative informs infringers that, regardless of the outcome of an initial case, a patent holder is more likely to win eventually, thus incentivizing infringers to come to the negotiation table sooner rather than later (with expectations more aligned with those of the patent holder).
When to Refer a Patent Holder
Patent Litigation Firms provide a valuable role in the Patent Monetization (“PM”) Market, by providing the capital & expertise necessary to help inventors and patent holders enforce existing patents.
With that said, Patent Litigation Firms set a very high bar for prospective cases before capital & time are invested.
When a patent portfolio is not quite ready for financing and assertion, Oso-IP can help in certain situations, namely if:
Pending Application
The patent portfolio must include a pending application with at least a few years of remaining patent term.
Significant Infringement
The patent portfolio must disclose novel technological advancements that are being used in the market to drive significant revenue.