More and more United States district judges have recently permitted discovery into the funding behind patentees enforcing their rights. Judge Alan D. Albright of the United States District Court for the Western District of Texas does not consider litigation funders inherently evil, but some of his colleagues appear to have, at minimum, potential concerns over the backing that small companies need so they can afford their access to justice.
Certum Group, which provides various litigation finance and insurance services, has published a model opposition brief that litigants can use for a template to argue against discovery into their funding. We have downloaded the brief and it looks very good. It argues law (with rich case law references) and policy (such as privilege and work-product concerns, chilling effects on access to justice, attempts to shift focus away from the merits, and increased litigation costs and delays). We just wanted to raise additional awareness.