Woodsford prides itself on its intellectual property expertise – we’ve been working with and advancing the interests of IP holders since 2010. Whether you’re an inventor of a patent that is being infringed, a holder of trade secrets that have been misappropriated, or the owner of a trademark that is now in use without your permission, Woodsford is here to help.
For example, Woodsford frequently partners with innovators who have devoted their lives and developed businesses dedicated to bringing new and exciting technology into the world and to building their companies from the ground up. When large corporations use IP without taking a license, these big businesses profit at the expense of the true innovator. With financial assistance from Woodsford, inventors can afford to hire the competent counsel and qualified experts needed to see litigation through to a proper resolution.
Woodsford also recognizes that not every aggrieved IP holder is able to engage in lengthy and costly litigation. Universities may not want to risk perceived reputational harm associated with being a frequent IP litigant, and small businesses may not be in a position to risk potential counterclaims from aggressive infringers. Woodsford’s capital flexibility allows us to facilitate asset transfers in these situations, standing in for the IP holder in court while allowing our partners to share in the recovery they deserve.
The benefits of partnering with Woodsford
Litigating to protect your IP can be incredibly expensive, straining the budget of even the most well-resourced plaintiffs. And, due to the changing nature of the patent licensing market, it is increasingly difficult for any patent owner (for example) to receive fair value for their inventions without bringing litigation in conjunction with an active licensing strategy.
First time litigants, such as individual inventors or small companies, may be surprised to learn that the costs associated with expert witnesses, discovery, and trial presentation for IP litigation in the US can cause a single case to cost upwards of $2 million, excluding attorneys’ fees.
Consequently, a litigation funder such as Woodsford is a key player needed to enable filing a meritorious case without devastating the IP owner’s finances.
Woodsford’s remuneration is entirely contingent upon success. We provide the required funding for the legal and other costs of engagement, up to and including litigation. We also provide claimants with indemnities against adverse costs consequences.
Upending settlement dynamics
Woodsford’s funding can also have substantial strategic benefits and lead to significantly better settlement outcomes. An IP owner, knowing that they have the resources to fight through to trial and appeal, will be in a far better position for settlement and will not be forced to accept a low offer merely on account of financial constraints. Furthermore, the fact that an objective, dispassionate and highly selective litigation funder like Woodsford has backed an IP holder’s claims sends an extremely powerful signal to the infringing defendant—an investor with substantial expertise believes strongly in the underlying claim to put their own capital at risk.
Woodsford has seen numerous occasions where knowledge of our investment has led to accelerated and positive settlement discussions – particularly in cases against global technology behemoths who rarely see the need to settle patent claims against them.
Not just for the little guys
Traditionally, litigation funding has been a tool for assisting small or individual IP holders facing a “David v. Goliath”- type battle in court. However, as larger companies have come to recognize the universal utility of litigation funding for affirmative claims, increasingly well-resourced partieshave found themselves working together. While larger IP owners, such as technology transfer offices and mature companies, may not need to seek outside capital to support their litigation efforts, it is often a smart strategic move — a litigation funder can absorb the expense of the litigation as it goes along and thereby remove pressure on the bottom line.
Indeed, by involving a funder to defray the cost of litigation, parties can free up their financial resources to support other priorities, such as further research and development, expansion of their primary business, or simply enable their limited litigation spend to go further while still pursuing all their meritorious claims. Litigation funding is a tool for IP holders to shift the monetary risk of enforcing their rights to a third party that works equally well for a cash-constrained individual or small business and a larger organization juggling financial priorities.
Delivering access to justice and holding business to account
Woodsford is an ESG-focused business, dedicated to holding badly behaving businesses to account and providing access to justice to those who have been wronged and influencing the behaviour of businesses to the wider benefit of society.
As a socially conscious investor, the merits matter to Woodsford. We perform of our diligence in-house and boast a team of highly experienced IP litigators as underwriters, ensuring that only meritorious actions receive our funding. Woodsford works with individuals and companies who aim to use their intellectual property in socially responsible ways.
Case studies detailing how our partnerships with IP holders have delivered significant wins can be seen via the link on the right.
