One in all my little joys this previous summer season was a brown sugar chilly foam chilly 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 a success 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 evaluate 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 strategy 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 effectively. I’ll clarify.
On the one hand, 2025 has already delivered some spectacular patent verdicts and settlement outcomes, notably in circumstances which might be suspected, if not confirmed to be, funded. Including to the enjoyable has been the defanging of the PTAB for a lot of patent house owners as a result of creating discretionary denial of IPR jurisprudence. Likewise, most of the harmful shoals within the regulatory waters have so far been averted by the nice ship USS Litigation Funding, from the tried taxation with out illustration of the Tillis Massive Lovely Invoice modification, to the difference by the business to even the strictest disclosure guidelines presently 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 longer term as effectively. Brown sugar chilly foam sweetness, in different phrases.
However, 2025 has not been with out its challenges within the patent house. Multiple market participant has expressed the view that it’s more durable than ever to seek out fundable patent circumstances to spend money on, whilst already funded circumstances proceed to face settlement challenges and longer than anticipated instances to restoration. Compounding these challenges is the habits of some funded events when it comes to holding onto unrealistic settlement expectations, notably these unsophisticated about patent litigation or who see themselves as having one shot to attain large. For funders, having these sorts holding settlement authority is usually a actual ache level, particularly for circumstances which have dragged on and the quantity on supply would enable the funder to indicate a return in a extra affordable timeframe. Furthermore, patent defendants have continued to battle exhausting on the litigation entrance, with only a few paths to simple and fast settlements accessible to patent house owners hoping for above nuisance worth for a license to their belongings. On the similar time, litigation prices have continued to extend — and if current negotiations are illustrative — patent acquisition prices have gotten extra expensive as effectively. 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 may be nonetheless 1 / 4 of the story that might be written within the coming months. Fortunately, there might 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 dwelling base in Houston for its fifth installment, the primary of three deliberate 2026 LITFINCONs guarantees to ship for attendees the whole lot 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 regulation agency monetization methods are must-listens, as are the updates on using AI and expertise within the litigation funding area. Likewise, the panel discussing basic tendencies 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 in opposition to litigation funding, in addition to an replace on the ever-changing function on insurance coverage within the litigation funding house — and there may be little or no probability {that a} LITFINCON V attendee will stroll away from the convention saying that they knew the whole lot that was mentioned already. For these , I’m positive that the panels on mass torts and the funding aspect of the business will doubtless be compelling as effectively.
Content material apart, I’ve all the time been effusive in my reward up to now for each LITFINCON’s venue and social facets. Fortunately, LITFINCON V will as soon as once more be hosted by the Put up Oak, as tasteful and guest-centered a luxurious resort as you may look forward to finding in a serious U.S. metropolis. And as with prior years, LITFINCON V’s social occasions — earlier than and through the convention — ought to be of the best caliber, each when it comes to enjoyable and networking with different business individuals. On prime of those previous standbys, LITFINCON V will even host a Authorized Tech AI Pitch Competitors, serving to to deliver tomorrow’s applied sciences ahead as rapidly as attainable, 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.
Finally, 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 drastically in 2026, with deliberate occasions in Amsterdam and Singapore later within the 12 months as effectively. Earlier than then although, there may be 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 listing as we get nearer to the occasion, however there may be loads of purpose to guide 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 happy to ship feedback or inquiries to me at [email protected] or by way of Twitter: @gkroub. Any matter options 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 comply with him on Twitter: @gkroub.
