Patent Litigation Funding

patent litigation funding

America celebrates its innovators and inventors.

And our patent laws provide robust protection against infringement.

But the cost of asserting or defending a patent in litigation can be prohibitively expensive for many solo inventors or small to medium-sized businesses. 

If you created something unique and need funds to help you protect it, a non-recourse cash advance from Ally Lawsuit Loans could be the answer.

What Kind of Funding Does Ally Provide?

Though we call them lawsuit loans because that is the term most people are familiar with, they are not really loans at all.

Ally Lawsuit Loans provides cash advances.

If you settle your case or win at trial, we recover from the proceeds you receive. But unlike with a standard loan, you owe us nothing if you lose. 

We are able to offer this service because we do our research upfront.

When you reach out to us online or by phone, we will discuss options related to your current or anticipated lawsuit.

Then we contact your attorney, who provides details about your patent, claims, and goals for the case.

If your suit seems like a good fit for our platform, we will issue you a cash advance. 

Patent Litigation vs. Prosecution

The first step in building a robust intellectual property portfolio is protecting your invention by obtaining a patent.

Only then can you monetize your product through licensing and litigation. 

Patent Prosecution

When people hear the word prosecution, they think of the attorneys representing the government in a criminal case.

However, in the patent context, prosecution refers to the process of drafting and filing a patent application and then working with the United States Patent and Trademark Office to obtain an allowance of your patent claims.

Patent Litigation

Once you have a valid patent, you can assert it against alleged infringers.

This involves suing them in federal court for violating the patent rights without a license or other form of authorization.

The damages may include, among other things, the royalty fees they should have paid to use your technology.

Alternatively, a company that anticipates an infringement suit may preemptively seek a declaratory judgment.

In this case, the party is seeking a ruling that your patent is:

  • Not infringed by their conduct, 
  • Invalid, or 
  • Unenforceable. 

Thus, your company may suddenly be thrust into defending a lawsuit it did not anticipate.

If that is not in the budget, contact Ally Lawsuit Loans to discuss your case.

Why a Patent Litigation Lawsuit is Expensive

The attorney fees alone can run over a million dollars in patent litigation.

The primary reason is that the field is highly technical and requires specialized counsel who are familiar with the technology as well as patent rules.

The parties also must hire and depose experts in the field addressed by the patents-in-suit.

This is a costly endeavor, as is the process of having these experts draft formal reports.  

Additionally, many federal district courts have followed the Northern District of California in implementing patent local rules.

These rules impose additional procedural hurdles, such as preparing and serving lengthy infringement and invalidity contentions and then participating in a claim construction hearing.

Teams of attorneys often expend dozens, if not hundreds of hours, satisfying these requirements. 

Assuming the case does not settle early on, drafting and arguing summary judgment motions is also expensive.

And if the court does not resolve the matter at this stage, patent trials often are lengthy. 

How Patent Litigation Funding Can Help

Though patent litigation may sound daunting, Ally Lawsuit Loans is here to help.

We provide the cash-in-hand you need to achieve the following objectives.  

Bring Worthy Claims

Because patent litigation is so expensive, many law firms will turn away entrepreneurs or businesses who cannot afford the high costs.

Even if the firm agrees to work on contingency or obtains its own lawsuit loan to cover its fees, a law firm is unlikely to pay discovery and expert costs. 

Litigation funding can bridge the gap. It allows you to assert solid patents and obtain the full value of your intellectual property portfolio. 

Litigate Until the End

An unfortunate reality is that defendants with deep pockets often can drag out litigation or drown individual inventors and small businesses with discovery requests until they have no choice but to settle.

In this situation, the patent holder rarely obtains the recovery their case warrants. 

But with litigation funding, you have the freedom to hold out for the highest possible settlement.

You may even be able to litigate all the way to trial. 

Influence the Defendant 

We do our homework before signing on to fund our clients.

So when a defendant sees that a litigation loan company backs your case, they will know that an independent evaluator deemed your patent to be strong.

This reality may inspire them to settle earlier.

Maintain Steady Capital to Run Your Business

Even if your company has the assets to fund patent litigation, a cash advance can help your business achieve its other objectives while the lawsuit is ongoing.

Patent litigation can take years to resolve. Your company needs capital to carry on with other short and long-term goals in the interim. 

Patent litigation also may require sudden injections of funds, which can be tough on a balance sheet if these needs arise at inopportune times.

Litigation funding helps smooth over these bumps. 

Count on Ally Lawsuit Loans to Fund Your Patent Litigation

Your intellectual property is often your most valuable asset. Ally Lawsuit Loans is here to help you protect it.

We offer you the lowest possible settlement interest rates, and we never surprise our clients with hidden costs or fees.

Our application process is easy and transparent. And if we approve your application, Ally Lawsuit Loans can wire the cash to your account in as little as 24 hours. 

If you are ready to get started funding your patent litigation, contact Ally Lawsuit Loans today.

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