Patent Litigation Funding

Your patent is being infringed and the defendant can outspend you. Submit the claim for a free review. If it fits, we can fund the case on a non-recourse basis, and funding is repaid only from a recovery.

Patent being infringed, and legal costs are the holdup? Request a free claim review.

Why patent cases stall

Patent cases are long and expert-heavy. In federal court, the median time from filing to a civil trial was 33.7 months for the 12 months ending June 30, 2026, per the U.S. Courts caseload profile. Most cases never reach trial: by our math on U.S. Courts Table C-4, about 1.3% of patent cases terminated in that period reached trial. Most are resolved earlier, often after the patent owner shows it can keep going.

A larger defendant knows that claim construction, expert reports, and discovery cost real money. Funding helps a patent owner stay in the case long enough for the merits to matter.

What we look for

• An issued U.S. patent with clear claims that read on the accused product or process.
• Evidence of the infringing product, sales, or use.
• Damages that justify the case: lost profits or a reasonable royalty.
• A defendant able to pay a judgment or settlement.
• Any prior licensing, notice letters, or validity challenges (such as an IPR) you know about.

What to send

• The patent number(s) and any claim charts you have.
• Product photos, links, or teardown notes for the accused product.
• Any notice or cease-and-desist letters and replies.
• Your attorney’s name, if you already have one.

How funding works

1. Send us the claim. Share the key documents and a short summary of what happened.
2. We review it. We look at the documents, the damages, where the case stands, and whether the other side can pay.
3. Funding under a written agreement. If it fits, Darkwell funding helps carry the legal costs. Your licensed attorney runs the case, not us.
4. Recovery. Funding is non-recourse. It is repaid only from a recovery, under your written agreement.

How we get paid

Our fee comes out of the recovery, not your pocket. If there’s no recovery, you don’t repay our funding. Your written agreement sets the exact terms.

For select commercial and IP claims, and only where state law allows, we may buy the claim outright instead of funding it.

Where we work

We fund business claims, and individual and consumer claims in some states, reviewed state by state where the law allows. We confirm your state during review. See where Darkwell funds claims.

There’s no minimum claim size. We review each claim on its facts, the amount at stake, and whether the other side can pay.

Common questions

Do you fund generic-drug (ANDA) patent cases? These cases are reviewed case by case.

What does a claim review cost? Nothing. The claim review is free.

Do I need my own attorney? Your licensed attorney runs the case. We can work with your current attorney where it fits.

Is there a minimum claim size? No. We review each claim on its merits.

Patent being infringed, and legal costs are the holdup? Request a free claim review.

Related reading: Commercial Litigation Funding · Breach of Contract Claim Funding · Trademark Litigation Funding · Insurance Bad Faith Funding · Business Dispute Funding · IP Claim Funding · Lawsuit Cost Calculator · FAQ