Litigation Funding In Limine

Gaston Kroub of Kroub, Silbersher & Kolmykov PLLC warns big defendants that they must be strategic about their approach to funded plaintiffs, as a recent decision from a US patent case serves as proof that there is little appetite in many judicial quarters for making funding arrangements a centerpiece of patent cases. Read more.

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Finally, A Win

Gaston Kroub of Kroub, Silbersher & Kolmykov PLLC shares several lessons that can be learned from a rare reported win for a litigation funder financing a patent dispute.

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Paying The Premium (Part II)

Gaston Kroub of Kroub, Silbersher & Kolmykov PLLC looks at the frightening risk in patent litigation of a huge verdict being tossed aside on appeal and notes that litigants and funders are increasingly turning to insurance products to protect judgments or even invested capital.

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Rowing Toward An Injunction?

Gaston Kroub of Kroub, Silbersher & Kolmykov PLLC predicts that, to the extent litigation funders get involved in funding competitor IP cases, funding preliminary injunction motions is something that will be met with serious consideration, as it allows funders to put more capital to work in the case earlier on and also allows for an early test of the merits of the claim, whereby the funder might decide to parachute out of the investment early if things don’t go well.

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