Partners Michael Summersgill and Todd Zubler and Senior Associates Makenzi Herbst and Nicolette Willis authored an article in Volume 26 of The Sedona Conference Journal discussing the ongoing rise of investor-backed patent litigation in the US.
The authors explore the cost this kind of litigation can bring to pursuing innovation, as well as a lack of funder transparency and an increase in meritless cases that do long-term harm to the patent system. The article also includes proposed solutions to these associated challenges, such as federal legislation mandating the disclosure of third-party litigation funders and empowering judges to require this same transparency during court proceedings.