In-depth reporting and analytical commentary on intellectual property disputes and debates. No legal advice.

Litigation finance: ip fray’s founder helping U.S. litigation boutique raise funds for portfolio of (mostly IP) cases

By Florian Mueller, the founder of ip fray

It’s been a little over three months since I launched three new websites (ai fray, games fray, ip fray). Articles and social media posts by all three outlets have been picked up by Techmeme, the leading information and communications technology news aggregator. Key decision makers (from public administrations as well as the private sector) have publicly liked and shared various fray articles. This is a great start.

I’m no longer providing consulting services of the kinds I used to offer. I now have a different vision. In parallel to writing and publishing, I provide assistance with (mostly but not exclusively IP-related) transactions. Two key areas of activity for me will be

  • litigation finance brokerage and
  • mediation (alternative dispute resolution).

Many parties on both sides of the “litfin” market are among my esteemed readers. I hear from them again and again that they like my strategic perspective on disputes and my focus, despite a passion for detail, on bottom-line effects. Case in point, I was almost the lone voice doubting Masimo’s ability to force Apple into a near-term settlement over pulse oximetry patents (most recent ip fray article on that dispute). To bring parties together and arrange litigation funding, it’s key to understand and realistically discuss the risk-opportunity profile of a set of pending and/or potential cases.

A few days ago, I have signed a contract appointing me the exclusive litfin adviser of a U.S. litigation boutique (active in IP and other fields) that has an attractive portfolio of cases, partly already “derisked” and with real-world traction. In other cases they have achieved remarkably good outcomes for their clients against different Big Tech companies. They also have some rather impressive and powerful co-counsel in certain contexts.

It is an honor and a pleasure to be of assistance to them as they seek to put more muscle behind the hustle and increase their clients’ chances of success. We are currently seeking an eight-figure (USD) amount with what I believe to be an intriguing combination of low risk and very substantial opportunity. And scalability on top.

If you are a litigation funder and interested to know more, please reach out to me via LinkedIn or by email (a very short address: my initials @ the domain of this website). I will, of course, reach out to certain lenders proactively.

I will only seek funds for litigation I truly believe in. To put my money where my mouth is, I make the commitment that whoever ultimately funds a project in which I’m involved can choose between paying my commission based on transaction value after signing the deal or effectively making me co-invest in the effort by paying me later based on ultimate return, with the same ROI as the lender. A mix is also possible. I do this to show that I’m only going to raise funds for what I believe in.

For now, the first litfin project combined with my media business keeps me very busy. It’s entering the decisive phase now. But I’ll do more in that field, and I also see potential in mediation. That is, however, subject to unique circumstances where a non-traditional intermediary like me may be better suited to solve a problem and find common ground. It will be an exception. I have not yet engaged in mediation, but it may very well happen.

There is no conflict of interest in my view because nothing is more conducive to my litfin brokerage and mediation activities than accurate analysis and high-hit-rate predictions. I will make disclosures where they are warranted.

This was the first “me” article on this website, and rest assured that such stories will remain a rare exception. Please look at it this way: it benefits the IP community at large that I structure my business activities in a way that allows me to offer non-paywalled content. Others diminish their influence through paywalls. Thank you for your interest.