Leaders from Burford, GLS and Omni Bridgeway Speak at PTAB Masters
Patent infringement litigation has been at the forefront of the litigation funding industry, with high profile disputes over disclosure and the role of third-party funding coming into the spotlight. The role of the Patent Trial and Appeal Board (PTAB) has also come under scrutiny, and an event hosted this week hosted industry leaders from law firms and funders who discussed the future of patent disputes. An article by IPWatchdog recapped their Third Annual PTAB Masters program held in Ashburn, Virginia. The two-day event’s agenda included sessions on the best path for reforming the PTAB, a panel sharing the perspectives of Administrative Patent Judges (APJs), and a discussion on patent assertion and funding strategies featuring leaders from some of the industry’s most established funders. The latter panel session saw speakers from Burford Capital, GLS Capital and Omni Bridgeway all provide their insights into the challenges faced by patent owners. Omni Bridgeway’s Sarah Tsou spoke to the process of inter partes reviews (IPR), describing it as an opportunity rather than an obstacle for funders and their clients, as it allows them to prove the validity and value of their patents, which increases the likelihood of success. Joel Merkin, principal at GLS Capital, highlighted the risk/reward calculation when it comes to final written decisions (FWD), as they represent a significant advantage when given in favour of the patent owner. Raising the potential challenges created by the PTAB, Burford Capital’s Chris Freeman stated that there was always a high degree of uncertainty as to what direction the PTAB will take, regardless of the funder’s own assessment of a patent’s validity.