The Invisible String: How Litigation Funders in Patent Suits Pose a National Security Risk

Authors

• Cosette McLaughlin, Fordham University School of Law

Keywords

Litigation funding, patent law, national security

Abstract

This Note will address why the Supreme Court should modify Rule 7.1 of the Federal Rules of Civil Procedure to require third-party litigation funding (TPLF) funders and agreements to be disclosed to the judge and the opposing party. This amendment would mitigate the national security risk posed by foreign adversaries acting through TPLF in patent suits by eliminating the veil of secrecy. The semiconductor industry acts as an illustration of the benefits of this modification.19 In addition, if TPLF funding were required to be disclosed to all involved, conflict identification would become significantly easier. Full transparency in patent litigation TPLF would also likely increase the settlement rate, taking pressure off an overburdened federal court system.

Recommended Citation

Cosette McLaughlin, The Invisible String: How Litigation Funders in Patent Suits Pose a National Security Risk, 36 Fordham Intell. Prop. Media & Ent. L.J. 642 ().
Available at: https://ir.lawnet.fordham.edu/iplj/vol36/iss3/4