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Fred Tecce, with Altima Advisors/Attorneys. Courtesy photo Fred Tecce, with Altima Advisors/Attorneys. Courtesy photo

Other than my time as an assistant U.S. Attorney in the criminal division, I have spent a large portion of my 35-plus years handling intellectual property (IP) litigation mostly on behalf of IP owners. In addition to supporting my mother’s comments that I can’t hold a job, my experience includes three IP boutiques (one in New York and two in Philadelphia), two large general practice firms, and two iterations of my own firm and has resulted in my involvement with the full range of the different types of patent cases. As much as it may come as a surprise those around me, this isn’t about me but rather is about how my background has shaped and formed my perspective.

Although litigation funding has been around for decades in various forms and for a wide variety of cases, the last 10 to 15 years has seen a marked increase in the use of third-party funding in intellectual property cases in general, and in patent cases in particular. Time will tell whether this increase in funded cases is good or bad. Not surprisingly, there are at least two sides to the story and in this case, it really depends on who you ask. This is a subject about which both sides are equally passionate, and both have reasoned, rational and legitimate positions. Until such time as someone invents a better mousetrap, this may be one situation where the solution may not actually lie somewhere in the middle.

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