Patents

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Who We Are & What We Do

Fulbrook Capital Management LLC provides a unique and comprehensive array of services with regard to valuing and extracting value from patents.

In this connection and within the context of a patent universe of daunting complexity, it delivers independent advice on behalf of patent owners in buying and selling, licensing, and enforcing meritorious patents, portfolios, and claims. It can source and advise on sourcing capital to support the project, for example financing a litigation’s prosecution costs from a network of investors. It assists in negotiating the finance agreements, a necessity in the Dispute Finance industry. It can also assist investors concerning claims, and assist defendants against non-meritorious claims. In this process, it works to enhance the value of the claim through increasing its chances of success and the amount received on success, while shortening the time to resolution.

Fulbrook puts at its clients’ disposal a network of experts central to valuing and extracting value from patents, including: lawyers; analysts and researchers of patents and their enforcement; sources for essential data regarding buying, selling, licensing, and enforcement of patents; risk analysts; accountants and auditors; public relations specialists; a patent’s former examiners and prosecutors; engineers, chemists, and specialized technicians; academics; valuation and damage analysts; traders; private equity, lenders, and other capital sources; outsourcers in India, South Africa, Argentina, the Philippines, and other countries, furnishing quality information at reduced rates. Fulbrook thus provides a unique 360-degree service.

Why You May Need Us

The patent world is active and growing, with high-power velocity and a dynamic future. Moreover, while perhaps 90% of the world’s patents never become part of the initial owner’s invention, they have enormous value to other people, who may need them in a variety of contexts for their own inventions. The task of “monetizing” such patents is tricky, therefore, and requires expert advice. Should those patents be sold, or licensed, and if so when and to whom? And what about infringers, and litigating against infringers? In fact, these uestions can be spun in reverse, since in many instances it’s important to own or license patents just so that one has “freedom to operate.”

If one thinks of suing or potentially being sued, the situation becomes even more complicated. How will the litigation be paid for? How about the non-litigation expenses, such as running the business or even keeping it afloat while the litigation is proceeding? How can the litigation be supported and managed with independent advice, strategy, and expertise so as to optimize its chances of success and the size of that success? Here is where Fulbrook has answers and delivers value.

Our Fees

We have created a flexible fee structure which can be calibrated to fit a variety of situations and services. If we are called on to advise and consult in facilitating and enhancing trading, licensing, or enforcement our fees can be based on hourly charges, project charges, or risk-based structures which lower charges and sometimes even eliminate them, in exchange for a premium on success which may sometimes be geared to the degree of success. For example, if we are retained by a claimant to find a source or sources of capital to support legal prosecution fees, and/or to advise in this connection and negotiate out the financing agreement, we often charge a retainer fee plus a premium on success in achieving the financing agreement and then, in achieving success in the litigation. On a similar basis, we can continue to work after providing financing to support the prosecution and resolution of the claim, with the aim of improving the claim’s value.

Given the different types of contribution we might be asked to make regarding an infinitely varying array of needs, our fee arrangements vary widely. In the process of determining a fee, our goal is not to extract the highest profit from a project. Rather, we look not only to short-term yields but long-term relationships, reputation, and achievement. We try to conclude a fee which is fair and attractive not only to Fulbrook, but to the client as well. We are equipped, motivated, and minded to do this consistently.

Other Experts are Reporting on This…

“…Interest in litigation funding is booming as new companies are set up to provide financing to businesses that wish to fund lawsuits.”

Financial Times
October 2012


A survey of Dispute Finance in the U.S., conducted and sponsored by Burford Group LLC, contained these conclusions:

“93% of AmLaw 200 litigators [and non-AmLaw200 litigators] are aware of litigation finance…AmLaw 200 views about external funding tend to be favorable [while] non AmLaw 200…are even more favorable.” (Survey, pp. 7 – 9)

“96% of General Counsel [and 62% of Chief Financial Officers] are aware of external litigation financing…GCs…views of litigation finance are generally favorable [while] CFOs…are more favorable than are GCs.” (Survey, p. 10)

“Most respondents expect third-party litigation to increase in the next 18 months and almost no one expects third party litigation finance to decrease.” (Survey, p. 11)

Burford\Brief Analysis Litigation Financing Survey
November 2012


“Fulbrook was only founded in 2011, by the co-founder and exchair of Burford, Selvyn Seidel. Seidel is probably the frontrunner in the industry…”. Fulbrook is one of the “prominent firms in the industry” and is “worth  knowing…” and “advocates a more active role for financiers in arbitrations – to drive up their value.”

“Profiting from Injustice”
Corporate Europe Observatory
November 2012

 

Fulbrook Key Differentiators