After we sign an NDA, we will schedule an initial call to learn more about your case. In our experience, many initial calls prove unproductive if not focused on certain key, basic issues. To make our conversation as efficient as possible, we encourage you to think about the answers to the questions below in advance of our discussion. While you should aim to be informative, make sure that you only provide factual information. Do not disclose anything that is privileged.
1. ASSEMBLE KEY INFORMATION
- The numbers of any relevant patents and pending patent applications
- If the patents have already been asserted, the court and case number
- If there are any related foreign patents, the number of those patents and the countries in which they issued
2. BE PREPARED TO DISCUSS YOUR PATENTS
In Parabellum’s experience, the quality of the patents to be asserted is the most important aspect of a potential litigation and the key consideration in the underwriting process. Unlike many other funders, Parabellum has experienced IP litigators on staff. We understand your IP and the litigation process, and we will want to get into your invention, the broader technology, and how that can be best presented to a jury right from the start of the funding process. In that regard:
- If you are the inventor of the patents at issue, we’ll want to hear your invention story.
- If you tried to commercialize the invention, we want to know the details of your experience.
- If this is your second attempt to assert the patents, be ready to explain what happened in round one.
Patent owners are often the most knowledgeable about who is infringing their IP. If you have identified specific products that you believe are infringing your IP, be prepared to have at least a high-level discussion about why you believe those products are infringing.
Patent damages is among the most complex areas of law, and we do not expect patent owners to have performed a full damages analysis. However, it can be very helpful if you have a sense of the volume of sales of infringing products. Please note that while Parabellum does not have a minimum damages threshold for investment, generally we will only invest in patent cases in which there are at least $20 million in damages at stake, using conservative damages models.
5. THINK ABOUT WHAT A "WIN" LOOKS LIKE TO YOU
An important consideration in our underwriting process is the patent owner’s goal in bringing litigation. Cases brought to obtain injunctive relief against a competitor are different from cases brought by a startup that could not get off the ground because larger players trampled on its IP. It is important for us to understand from the start what your goals are in asserting your patents, so we can structure a transaction that aligns with those goals.