One in all my little joys this previous summer time was a brown sugar cold foam cold brew from Starbucks, most frequently bought after a strenuous sculling session. Less complicated in each building and energy than a frappuccino, however with the identical instantaneous burst of sugary delight on the preliminary sip, every drink was successful of warm-weather pleasure to savor. For the primary few sips (gulps) the brown sugar chilly foam overwhelmed, however because it was consumed, the remaining chilly brew retained simply sufficient sweetness to make ending the cup an satisfying certainty. Since this isn’t a beverage overview column, by now the query of why I’m discussing a cup of overpriced (however scrumptious) espresso is suitable for this viewers to ask. The reply? As a result of that cup of joe is what involves thoughts after I consider the state of the patent litigation funding market as we method the ultimate quarter of 2025. That’s true even when one takes an extended view relating to the maturation of the litigation funding market as properly. I’ll clarify.
On the one hand, 2025 has already delivered some spectacular patent verdicts and settlement outcomes, significantly in instances which are suspected, if not confirmed to be, funded. Including to the enjoyable has been the defanging of the PTAB for a lot of patent homeowners as a result of creating discretionary denial of IPR jurisprudence. Likewise, most of the harmful shoals within the regulatory waters have to date been averted by the great ship USS Litigation Funding, from the tried taxation with out illustration of the Tillis Large Lovely Invoice modification, to the difference by the business to even the strictest disclosure guidelines at present in place in numerous jurisdictions. From that perspective, 2025 has been a banner 12 months for patent litigation funding, with prospects for the business trying shiny for the long run as properly. Brown sugar chilly foam sweetness, in different phrases.
Alternatively, 2025 has not been with out its challenges within the patent house. A couple of market participant has expressed the view that it’s more durable than ever to seek out fundable patent instances to put money into, at the same time as already funded instances proceed to face settlement challenges and longer than anticipated occasions to restoration. Compounding these challenges is the conduct of some funded events when it comes to holding onto unrealistic settlement expectations, significantly these unsophisticated about patent litigation or who see themselves as having one shot to attain huge. For funders, having these sorts holding settlement authority could be a actual ache level, particularly for instances which have dragged on and the quantity on provide would enable the funder to point out a return in a extra affordable timeframe. Furthermore, patent defendants have continued to struggle arduous on the litigation entrance, with only a few paths to simple and fast settlements out there to patent homeowners hoping for above nuisance worth for a license to their property. On the similar time, litigation prices have continued to extend — and if latest negotiations are illustrative — patent acquisition prices have gotten extra pricey as properly. Lastly, the difficulties within the judgment preservation insurance coverage markets have put stress on patent holders hoping to monetize profitable trial outcomes. All that tastes extra like not as candy backside of the cup chilly brew.
Briefly, the story of 2025 is one in every of alternatives and challenges from a patent litigation funding perspective and there’s nonetheless 1 / 4 of the story that will likely be written within the coming months. Fortunately, there will likely be an unmissable alternative to debate all these developments in mid-January 2026 at one of many business’s main conferences, LITFINCON. Returning to its house base in Houston for its fifth installment, the primary of three deliberate 2026 LITFINCONs guarantees to ship for attendees every thing that prior iterations has supplied with some new and thrilling twists.
Persevering with the custom of kicking off with a can’t miss and distinctive panel of jurists sharing their views on litigation funding, LITFINCON V’s agenda is shaping as much as present two days of worthy content material and networking alternatives for these lucky sufficient to attend. For IP practitioners, the panels on funding patent litigation issues and legislation agency monetization methods are must-listens, as are the updates on the usage of AI and know-how within the litigation funding area. Likewise, the panel discussing basic developments within the funding house, in addition to the panel relating to the altering legislative panorama for litigation funding will definitely have dialogue of curiosity for readers of this column. Add in a reprise of the panel I moderated final 12 months, a debate on the case for and towards litigation funding, in addition to an replace on the ever-changing function on insurance coverage within the litigation funding house — and there’s little or no likelihood {that a} LITFINCON V attendee will stroll away from the convention saying that they knew every thing that was mentioned already. For these , I’m positive that the panels on mass torts and the funding aspect of the business will probably be compelling as properly.
Content material apart, I’ve all the time been effusive in my reward previously for each LITFINCON’s venue and social features. Fortunately, LITFINCON V will as soon as once more be hosted by the Publish Oak, as tasteful and guest-centered a luxurious resort as you possibly can look forward to finding in a serious U.S. metropolis. And as with prior years, LITFINCON V’s social occasions — earlier than and in the course of the convention — needs to be of the very best caliber, each when it comes to enjoyable and networking with different business individuals. On prime of those previous standbys, LITFINCON V may even host a Authorized Tech AI Pitch Competitors, serving to to deliver tomorrow’s applied sciences ahead as rapidly as potential, with a give attention to instruments that may be of service to the litigation funding neighborhood, from funders to legal professionals and everybody else concerned.
In the end, as with the prior occasions, LITFINCON V will certainly be a couple of days well-spent for each attendees and presenters. The mixture of nice networking and informative panels on order at prior LITFINCONs guarantees to broaden significantly in 2026, with deliberate occasions in Amsterdam and Singapore later within the 12 months as properly. Earlier than then although, there’s lots to look ahead to at LITFINCON V in Houston. I encourage these to maintain an eye fixed out for the ultimate agenda and speaker record as we get nearer to the occasion, however there’s loads of purpose to e-book a spot already for individuals who stand to profit from attendance. Who is aware of, possibly you will notice me as soon as once more on the speaker roster. Registration for LITFINCON V is open, with particular super-early-bird pricing till September 15. I hope to see you there.
Please be at liberty to ship feedback or inquiries to me at [email protected] or by way of Twitter: @gkroub. Any matter ideas or ideas are most welcome.
Gaston Kroub lives in Brooklyn and is a founding accomplice of Kroub, Silbersher & Kolmykov PLLC, an mental property litigation boutique, and Markman Advisors LLC, a number one consultancy on patent points for the funding neighborhood. Gaston’s observe focuses on mental property litigation and associated counseling, with a powerful give attention to patent issues. You possibly can attain him at [email protected] or observe him on Twitter: @gkroub.
