Intellectual Property disputes

TheJudge has been prominent in broking ATE insurance and/or Third Party Funding for all types of intellectual property disputes. We are regularly instructed by the top IP dispute resolution teams, as well as by regional and niche IP practices. Whether the dispute centres round soft IP, trademark or patent infringement, we always know the suitable markets to approach. We also have a wealth of experience in our sector, so we know what has been done before and what is possible and we use this knowledge to negotiate more favourable terms that might otherwise be offered.

Securing litigation risk sharing terms can often be a time-consuming process and we recognise the crucial importance of speed when acting for a client that is seeking injunctive relief. We therefore use our unique position in the market to expedite negotiations for placements of ATE insurance and/or Third Party Funding. We work with all the leading insurers and funders who have demonstrated the necessary skill base and appetite to underwrite complex IP disputes, including defendant cases.

Historically, we have been engaged to secure risk transfer terms for numerous registered and unregistered design rights infringement cases, copyright and trademark disputes, in addition to patent litigation and have secured indemnities ranging from modest cases (i.e. where the costs exposure is below £500,000), to more substantial cases requiring cover for costs risks in excess of £10m.

It is highly likely that if we are able to secure offers of ATE insurance and or Third Party Funding for your IP dispute, the terms will be on the basis of deferred and conditional upon success payments, meaning neither insurers nor funders earn a penny if the case is unsuccessful. With ATE insurance, if the case succeeds the premium ought to form a recoverable part of costs (where the case is litigated in England & Wales).

To discuss your intellectual property please contact James Blick or James Delaney:

If you are ready to make an application please download an application form, click here.