In a Bloomberg Law article, IP litigation partners Steve Pepe and Matt Rizzolo and IP litigation associate Brendan McLaughlin analyzed the potential benefits of partnerships between independent inventors, small entities, and non-profits and litigation funders in suing the U.S. government for patent infringement under Section 1498 in the United States Court of Federal Claims.
The authors explained that independent inventors, small entities, and non-profits are provided several unique advantages in bringing claims of infringement against the U.S. government at the CFC, such as recovering attorneys’ fees much more easily. Such entities that wish to monetize their partner portfolios but fear the cost of litigation should consider mutually beneficial partnerships with litigation funders—who defray the risk of litigation— and assertions against the U.S. government at the CFC when considering patent enforcement opportunities.
Copyright 2023 Bloomberg Industry Group, Inc. (800-372-1033) Reproduced with permission. Advantages of Suing US Government for Patent Infringement Under Sec. 1498.
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