This document discusses various options for funding patent litigation. It notes that patent litigation is expensive and consistent in cost. For plaintiffs, the type of plaintiff, such as an operating company or non-practicing entity (NPE), and the nature of the defendant's potential strategy, the plaintiff's litigation strategy, and risk tolerance will impact the funding arrangement. Common arrangements include billable hours, contingency fees, partial contingency fees, fixed or flat fees, budgeting and capping fees, and success bonuses. The document also discusses considerations like the quality of pre-filing investigations, the possibility of early settlement, anticipated discovery needs, and the increased use of the International Trade Commission.
This articles describes a different approach to developing a guaranteed lifetime withdrawal benefit, or income rider, for annuities. The result is a cheaper, safer, simpler rider.
Business Borrowing Basics 2020 - Dealing With DefaultsFinancial Poise
Some borrowers default. One type of default is a payment default- the loan is not paid when due or a particular payment is missed. The other type of default is a covenant default. This webinar explains both, and discusses what happens when one happens.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/dealing-with-defaults-2020/
The Venture Capital Financing Process: Term Sheet Negotiation. Presentation for entrepreneurs on the legal process of term sheet negotiation with Venture Capitalists.
Valuing Lost Profits for Litigation Purposes (Series: Valuation)Financial Poise
A competitor, contractor or other third party has taken actions that have damaged your client’s business in the form of lost profits. How do you measure the lost profits? Must you demonstrate lost profits with certainty? Over what period do you measure the lost profits? If your client has not recovered fully, can you include estimated future lost profits? These are all important questions in a lost profits case. This webinar addresses those questions and summarizes the different methods to measure lost profits, as well as some of the critical elements that must be considered in developing and presenting your damages theory in court.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/valuing-lost-profits-for-litigation-purposes-2021/
Key Provisions in M&A Agreements (Series: M&A Boot Camp)Financial Poise
Although every deal is different, understanding any purchase/sale agreement will help you understand other purchase sale agreements. Stated another way, most M&A documents include a similar set of sections and use a similar vocabulary. This episode explains specific, common provisions and discusses how buyers and sellers approach these provisions differently, particularly in light of situational differences (e.g. whether the assets being bought and sold are equity of a company or the assets of a company; whether the seller is going to cease to exists or not). Topics covered will include tax issues; corporate governance; closing conditions; representations and warranties; indemnification provisions; earn-outs; restrictive covenants; antitrust; intellectual property; and employment issues.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/key-provisions-in-ma-agreements-2021/
"A Term Sheet is a bullet-point document which outlines the material terms and conditions for investment. It is a non-binding document except in certain cases. While dealing with investors such as angel funds as an investee you might come across Term Sheet which would be provided to you if they intend to invest in your startup or business. A Term Sheet guides legal counsels in preparation for much detailed definitive Agreements for investment such as Shareholder’s Agreement or Share Subscription Agreement.
As an investee, you should be aware of documents like Term Sheets, Shareholders Agreement, Share Subscription Agreement etc. This presentation shall give you a brief idea of what Term Sheet is and what does it include?
This articles describes a different approach to developing a guaranteed lifetime withdrawal benefit, or income rider, for annuities. The result is a cheaper, safer, simpler rider.
Business Borrowing Basics 2020 - Dealing With DefaultsFinancial Poise
Some borrowers default. One type of default is a payment default- the loan is not paid when due or a particular payment is missed. The other type of default is a covenant default. This webinar explains both, and discusses what happens when one happens.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/dealing-with-defaults-2020/
The Venture Capital Financing Process: Term Sheet Negotiation. Presentation for entrepreneurs on the legal process of term sheet negotiation with Venture Capitalists.
Valuing Lost Profits for Litigation Purposes (Series: Valuation)Financial Poise
A competitor, contractor or other third party has taken actions that have damaged your client’s business in the form of lost profits. How do you measure the lost profits? Must you demonstrate lost profits with certainty? Over what period do you measure the lost profits? If your client has not recovered fully, can you include estimated future lost profits? These are all important questions in a lost profits case. This webinar addresses those questions and summarizes the different methods to measure lost profits, as well as some of the critical elements that must be considered in developing and presenting your damages theory in court.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/valuing-lost-profits-for-litigation-purposes-2021/
Key Provisions in M&A Agreements (Series: M&A Boot Camp)Financial Poise
Although every deal is different, understanding any purchase/sale agreement will help you understand other purchase sale agreements. Stated another way, most M&A documents include a similar set of sections and use a similar vocabulary. This episode explains specific, common provisions and discusses how buyers and sellers approach these provisions differently, particularly in light of situational differences (e.g. whether the assets being bought and sold are equity of a company or the assets of a company; whether the seller is going to cease to exists or not). Topics covered will include tax issues; corporate governance; closing conditions; representations and warranties; indemnification provisions; earn-outs; restrictive covenants; antitrust; intellectual property; and employment issues.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/key-provisions-in-ma-agreements-2021/
"A Term Sheet is a bullet-point document which outlines the material terms and conditions for investment. It is a non-binding document except in certain cases. While dealing with investors such as angel funds as an investee you might come across Term Sheet which would be provided to you if they intend to invest in your startup or business. A Term Sheet guides legal counsels in preparation for much detailed definitive Agreements for investment such as Shareholder’s Agreement or Share Subscription Agreement.
As an investee, you should be aware of documents like Term Sheets, Shareholders Agreement, Share Subscription Agreement etc. This presentation shall give you a brief idea of what Term Sheet is and what does it include?
Introduction to semiconductor lasers, and its working. construction of semiconductor laser, Ga As laser, and construction, achievement of population inversion, pumping.
Generating Revenue and Reducing Costs of Patent Litigation for Taiwan Compani...SHIMOKAJI IP
Generate revenue from your patent portfolio. What are expected damages and/or injunction in patent litigation. How to reduce the high cost of patent litigation, including flexible fee arrangements. Contact info@shimokaji.com for more information.
Litigation Leaders Webinar Series – Policyholder Advocacy: Strategies for Max...Quarles & Brady
The key to maximizing a policyholder's insurance recovery often is understanding how the insurer will view the claim, including what defenses to coverage the insurer will assert, and which it thinks are the strongest. Patrick Murphy, an experienced policyholder advocate, will present strategies for developing such information early in the claims or litigation process and for using the information effectively to increase insurance recoveries.
Current Issues in Securities RegulationNow Dentons
Mark Evans, a partner in the FMC Toronto office, was invited to speak at the Second Annual Securities Symposium this month about current issues in the area of Securities Regulation.
Show me the money! Debtors in Chapter 11 cases cannot survive without money to continue operations, pay vendors and professionals, and work to restructure debt and/or sell assets. Where do those necessary funds come from? There are really only two sources – cash the debtor has or can generate (in either case, generally the collateral of the secured lender) or new money coming into the estate in the form of a post-petition debtor-in-possession (DIP) loan. What the debtor is permitted or not permitted to do can seal the fate of a case from the outset. This webinar sheds light on the intricacies involved in DIP financing.
Part of the webinar series: THE NUTS & BOLTS OF BANKRUPTCY LAW 2022
See more at https://www.financialpoise.com/webinars/
TROs and Preliminary Injunctions (Series: Newbie Litigator School 101 - Part 1)Financial Poise
Sometimes—often at the beginning of a case—you need the court to take immediate action to protect your client’s interests or to maintain the status quo while the litigation progresses. This webinar discusses procedures and strategies for obtaining temporary restraining orders and preliminary injunctions. The topics discussed include the procedural and substantive requirements for obtaining TROs and preliminary injunctions, some best practices for how to succeed on motions seeking TROs and preliminary injunctions, and how to challenge and defeat those motions.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/tros-and-preliminary-injunctions-2021/
A Menu of Products for Investors and Lawyers (Series: Commercial Litigation F...Financial Poise
Litigation funding is an increasingly-popular tool for attorneys and clients to share the risk and reward of litigation with third-party investors, and for investors to capitalize on the uncorrelated returns generated by legal-driven revenue. However, the term "litigation-" or "legal-" funding actually encompasses a handful of products, which vary based on borrower profile, stage and sector of litigation, use of proceeds, and ultimately, cost of capital and risk-reward profile. This webinar examines three funding products -- case fundings, law firm loans, and portfolio fundings -- and aims to inform attorneys on best solutions for their firms and clients, and provide an overview for institutional investors looking to allocate capital to litigations.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/a-menu-of-products-for-investors-and-lawyers-2020/
A Menu of Products for Investors and Lawyers (Series: Commercial Litigation F...Financial Poise
Litigation funding is an increasingly-popular tool for attorneys and clients to share the risk and reward of litigation with third-party investors, and for investors to capitalize on the uncorrelated returns generated by legal-driven revenue. However, the term "litigation-" or "legal-" funding actually encompasses a handful of products, which vary based on borrower profile, stage and sector of litigation, use of proceeds, and ultimately, cost of capital and risk-reward profile. This webinar examines three funding products -- case fundings, law firm loans, and portfolio fundings -- and aims to inform attorneys on best solutions for their firms and clients, and provide an overview for institutional investors looking to allocate capital to litigations.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/a-menu-of-products-for-investors-and-lawyers-2021/
Model Attribute Check Company Auto PropertyCeline George
In Odoo, the multi-company feature allows you to manage multiple companies within a single Odoo database instance. Each company can have its own configurations while still sharing common resources such as products, customers, and suppliers.
How to Create Map Views in the Odoo 17 ERPCeline George
The map views are useful for providing a geographical representation of data. They allow users to visualize and analyze the data in a more intuitive manner.
The Roman Empire A Historical Colossus.pdfkaushalkr1407
The Roman Empire, a vast and enduring power, stands as one of history's most remarkable civilizations, leaving an indelible imprint on the world. It emerged from the Roman Republic, transitioning into an imperial powerhouse under the leadership of Augustus Caesar in 27 BCE. This transformation marked the beginning of an era defined by unprecedented territorial expansion, architectural marvels, and profound cultural influence.
The empire's roots lie in the city of Rome, founded, according to legend, by Romulus in 753 BCE. Over centuries, Rome evolved from a small settlement to a formidable republic, characterized by a complex political system with elected officials and checks on power. However, internal strife, class conflicts, and military ambitions paved the way for the end of the Republic. Julius Caesar’s dictatorship and subsequent assassination in 44 BCE created a power vacuum, leading to a civil war. Octavian, later Augustus, emerged victorious, heralding the Roman Empire’s birth.
Under Augustus, the empire experienced the Pax Romana, a 200-year period of relative peace and stability. Augustus reformed the military, established efficient administrative systems, and initiated grand construction projects. The empire's borders expanded, encompassing territories from Britain to Egypt and from Spain to the Euphrates. Roman legions, renowned for their discipline and engineering prowess, secured and maintained these vast territories, building roads, fortifications, and cities that facilitated control and integration.
The Roman Empire’s society was hierarchical, with a rigid class system. At the top were the patricians, wealthy elites who held significant political power. Below them were the plebeians, free citizens with limited political influence, and the vast numbers of slaves who formed the backbone of the economy. The family unit was central, governed by the paterfamilias, the male head who held absolute authority.
Culturally, the Romans were eclectic, absorbing and adapting elements from the civilizations they encountered, particularly the Greeks. Roman art, literature, and philosophy reflected this synthesis, creating a rich cultural tapestry. Latin, the Roman language, became the lingua franca of the Western world, influencing numerous modern languages.
Roman architecture and engineering achievements were monumental. They perfected the arch, vault, and dome, constructing enduring structures like the Colosseum, Pantheon, and aqueducts. These engineering marvels not only showcased Roman ingenuity but also served practical purposes, from public entertainment to water supply.
This is a presentation by Dada Robert in a Your Skill Boost masterclass organised by the Excellence Foundation for South Sudan (EFSS) on Saturday, the 25th and Sunday, the 26th of May 2024.
He discussed the concept of quality improvement, emphasizing its applicability to various aspects of life, including personal, project, and program improvements. He defined quality as doing the right thing at the right time in the right way to achieve the best possible results and discussed the concept of the "gap" between what we know and what we do, and how this gap represents the areas we need to improve. He explained the scientific approach to quality improvement, which involves systematic performance analysis, testing and learning, and implementing change ideas. He also highlighted the importance of client focus and a team approach to quality improvement.
Unit 8 - Information and Communication Technology (Paper I).pdfThiyagu K
This slides describes the basic concepts of ICT, basics of Email, Emerging Technology and Digital Initiatives in Education. This presentations aligns with the UGC Paper I syllabus.
How to Make a Field invisible in Odoo 17Celine George
It is possible to hide or invisible some fields in odoo. Commonly using “invisible” attribute in the field definition to invisible the fields. This slide will show how to make a field invisible in odoo 17.
Operation “Blue Star” is the only event in the history of Independent India where the state went into war with its own people. Even after about 40 years it is not clear if it was culmination of states anger over people of the region, a political game of power or start of dictatorial chapter in the democratic setup.
The people of Punjab felt alienated from main stream due to denial of their just demands during a long democratic struggle since independence. As it happen all over the word, it led to militant struggle with great loss of lives of military, police and civilian personnel. Killing of Indira Gandhi and massacre of innocent Sikhs in Delhi and other India cities was also associated with this movement.
Students, digital devices and success - Andreas Schleicher - 27 May 2024..pptxEduSkills OECD
Andreas Schleicher presents at the OECD webinar ‘Digital devices in schools: detrimental distraction or secret to success?’ on 27 May 2024. The presentation was based on findings from PISA 2022 results and the webinar helped launch the PISA in Focus ‘Managing screen time: How to protect and equip students against distraction’ https://www.oecd-ilibrary.org/education/managing-screen-time_7c225af4-en and the OECD Education Policy Perspective ‘Students, digital devices and success’ can be found here - https://oe.cd/il/5yV
Instructions for Submissions thorugh G- Classroom.pptxJheel Barad
This presentation provides a briefing on how to upload submissions and documents in Google Classroom. It was prepared as part of an orientation for new Sainik School in-service teacher trainees. As a training officer, my goal is to ensure that you are comfortable and proficient with this essential tool for managing assignments and fostering student engagement.
2. CONUNDRUM – PART 1
• Need to innovate
• Need to protect innovation
• Seek patent protection
2
3. CONUNDRUM – PART 2
• Pace of Imitation is Accelerating
• Widespread imitation only takes months
• Protect your investment
• Lawsuit
• How to fund it
3
4. COST OF PATENT LITIGATION
• Expensive
• Fairly consistent cost
• No chance of decreasing
4
5. FUNDING A PATENT CASE
Billable Hours Contingency
Many other arrangements in-between
Contingency cases play an important role
It’s an equalizer
Gives everyone a chance to redress an injury
But, the funding arrangement ultimately depends on
the type of plaintiff,
defendants’ potential strategy,
litigation strategy and
5
6. RISK TOLERANCE
More firms are willing to
take on contingency
cases.
Many of the big
companies are requiring
contingency
arrangements
But, what’s the
threshold?
6
7. NATURE OF PLAINTIFF
Why is this relevant –
because it impacts the fee arrangement
Different types of patent holders
Companies that make products
All other than the largest companies should be exploring
alternative fee structures
GE / Cisco
NPES
NPEs is a broad term – encompasses all types
7
8. NPES
Entities that use their patents to license or bring a
law suit, without any intention of practicing the
technology of that patent.
8
9. TYPES OF NPES
Non-manufacturing holding companies that acquire
patents from inventors
Intellectual Ventures
Acacia
Companies or research group that develop
inventions for purpose of licensing and
enforcement, not manufacturing
Universities
Jerome Lemelson
Thomas Edison
9
10. TYPES OF NPES
Failed companies that developed patents initially
Kodak
Companies that acquire patents to bring suit
against competitors
Broadcom
10
12. ADDITIONAL CONSIDERATIONS
Quality of Pre-Filing Investigation
Possibility of Early Settlement
Discovery Needed
Increased use of the ITC
12
13. PRE-FILING INVESTIGATION
Quality of pre-filing investigations
More mature and experienced NPE’s have developed
thorough investigations over time.
Newer NPE’s are less willing to invest in a thorough pre-
filing investigation.
Need to satisfy Rule 11 obligations
Could end up with motion practice in litigation
13
14. HOW QUICKLY CAN THE CASE SETTLE
NPEs are holding out.
Increasingly wanting to settle on their terms
14
15. DISCOVERY & PROOF
Discovery increases cost of litigation
What’s the technology of the patent
Nature of the claims
How much discovery is anticipated
3rd party discovery – indirect infringement case?
Spoliation issue
15
16. ITC AS AN OPTION
ITC administrative hearings are becoming more
common as an alternative or lead in to NPE
litigation.
16
17. VARIOUS FUNDING OPTIONS
Strict Billable Hours
Law firm’s compensation is based on hourly rate for
each attorney working on a case.
Only the largest companies should use this arrangement.
Client is unsure on how much to budget for a case.
Law firm’s interest and client’s interests are not fully
aligned.
Client has all the risk of litigation
17
18. VARIOUS FUNDING OPTIONS
Pure Contingency Fees
Attorney’s compensation is contingent on settling or
winning a financial award
Attorney is paid a percentage of the client’s recovery
Percentage escalates depending on key events or as case
progresses.
Client is generally responsible for expenses
Client’s and law firm’s interests are fully aligned
Sharing of risk and reward
18
19. VARIOUS FUNDING OPTIONS
Partial Contingency Fees
Attorney’s compensation is portion of hourly rate plus a
smaller percentage of any recoveries in the lawsuit
Client is generally responsible for expenses
Client’s and law firm’s interests are still somewhat
aligned.
Structure can be used for defense
19
20. VARIOUS FUNDING OPTIONS
Fixed or Flat Fee
Law firm will handle a matter for a sum certain or for a
fixed amount per month
Sum certain can be paid upfront
Fixed amount does not need to have a cap
Client’s and law firm’s interests are aligned.
Structure can be used for defense
20
21. VARIOUS FUNDING OPTIONS
Budgeting and Capping
Each phase has a budget
A cap on total amount spent
Tough to estimate
Many companies do this in defending suits
21
22. VARIOUS FUNDING OPTIONS
Success Bonus
Part of the money is paid up front, and a portion is
withheld if successful
Have to define success
Use when monetary damages are not high
Can be used in defense context
Invalidity
Limiting damages
22
23. VARIOUS FUNDING OPTIONS
Insurance
Check if there is coverage for defense under CGL policy
IP Abatement policies
Will fund enforcement of patent
Helps with settlement
Defendants cannot run out the clock
IP Defense policies
23
In 2010, roughly 26% of in-house lawyers at Fortune 1000 companies said they used a contingency arrangement, up from 19% in 2007, according to BTI Consulting Group Inc., of Wellesley, Mass., which surveyed 300 lawyersrecently shifted almost all of its offensive patent litigation to contingency-fee arrangements. Now, GE "business leaders" are more excited about bringing those cases, he said. "The contingency model changes the dynamics" because "there's no cost to the business and you end up sharing the spoils, only if you win.“Even on the defense side, some big clients such as Cisco Systems increasingly use what are loosely described as "contingent" payments to their law firms, in arrangements where payment is contingent on the outcome of the case, said Mark Chandler, general counsel at Cisco.
