• Chris Burke

Patent Trolls Fail to Gain Litigation Funding

Patent Litigation funding is an extremely complex and difficult task these days, especially when the patent case is conducted by Patent Trolls. Patent Litigation has been declining rapidly since a USA Supreme Court ruling in 2017, which substantially limited the effect of Patent Trolls in USA court jurisdictions, especially in East Texas – where earlier successes had been gained. Today, Litigation Funders in this space understand the cost, complexity and multiple avenues of defense that USA companies have against Patent Trolling entities, in relation to both the outcome risk and duration risk.

Barely five years after Congress passed the landmark America Invents Act, complaints about Patent Trolls have renewed political interest in reforming U.S. patent law to eradicate this disease and preserve the rights of real manufacturing companies. Congress’s attention has turned specifically to patent litigation, proposing and implementing, among other things, to impose heightened pleading requirements on plaintiffs, to limit discovery, to create a presumption that the losing party should pay the winner’s attorneys’ fees, and to change the venue rules in patent cases.

Christopher John Burke is an inventor and entrepreneur that has been disadvantaged through legal manipulation, greed, and deceit. Mr Burke offers his services freely to any company that is threatened or attacked by Patent Trolls. Real manufacturing businesses operate with an intent to produce, rather than extort.

Join the Group against Patent Trolls: Christopher John Burke,

Extract from: The Legal 500

Abusive patent litigation is a drag on the economy. This problem impacts businesses and industries of all types and the jobs of the people who work for them, from the tech sector to the hospitality industry and even grocery stores. Everyone from independent inventors, to start-ups, to mid and large sized businesses face this constant threat,’ says Goodlatte. ‘The way that I think about patent trolls is as people or companies that are using patents in an offensive manner, instead of using patents to protect ideas, create new products or contribute to the development of ideas,’ says Michal Rosenn, general counsel at Kickstarter.

In essence, patent trolls use the intellectual property they control as fiscal weapons against inventors, innovators and producers who they deem to be infringing on their rights. Generally, the patents themselves are acquired en masse, with overly-broad, dormant or non-novel patents purchased from small-time inventors, down on their luck companies or as excess collateral following mergers and acquisitions, with zero intent of utilising the intellectual property for any purpose other than in court.

‘Their primary business is litigation – it’s lawsuits and deriving profit from lawsuits around patents or threatened lawsuits,’ explains Rosenn.

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