Knobbe Martens partner Joseph Re was quoted by Managing IP in the article, “Disclosure debates: firms and funders discuss transparency merits.” The article discusses the current state of litigation funding disclosures, what issues counsel are looking for, and litigation strategies related to inquiries about funding arrangements during discovery.
Commenting on whether a uniform policy (through the Federal Rules of Civil Procedures) should be adopted when it comes to litigation funding disclosures, Re explained a uniform standard is unlikely. “We have courts on opposite ends of the spectrum right now. We all love uniformity, but we don’t have an agreement on the outcome. So, if there’s no agreement, how can there be uniformity?”
In discussing litigation strategies as they apply to inquiries related to litigation funding, Re advised that litigants need to be prepared to justify their inquiry and why it is relevant. “You need to know what the facts of your case are. If the funder obtained ownership rights to the patent, obviously that would be relevant to standing. But you need to have a hook. You need to have some reason to justify the discovery.” However, Re noted that, because some courts held that this information may be privileged, getting information about third-party litigation funder can be difficult.
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