Proposed ITC Transparency Rule Puts Litigation Funders Under New Scrutiny, MLex

MLex quoted partner Matt Rizzolo in an article about the US International Trade Commission’s (ITC’s) proposed rule requiring disclosure of third-party litigation funding in Section 337 investigations and the potential implications for patent enforcement strategy.

The article examines how increased transparency around litigation funding could affect complainants, funders, and non‑practicing entities that rely on the ITC’s exclusion-order remedy. Matt noted that some funded entities may increasingly consider foreign patent venues that offer streamlined proceedings and more limited discovery requirements.

“Funded entities now might be looking more abroad – the Unified Patent Court, Germany, Brazil,” Matt said, adding that the “proceedings are fairly streamlined. They get to a result quickly, sometimes faster than the ITC, and can be much less expensive because the discovery is much more limited.”

Read the full MLex article >>