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UPC Litigation Funding: How Capital Is Changing the Court's Caseload
U.S. litigation funders are moving into the UPC, drawn by the one-year timeline, the breadth of the available remedy and headline costs around a tenth of U.S. district court spend. With the UPC court fee increase from 1 January 2026 now in effect and the European Commission's March 2025 study on third-party funding regulation still hanging over the sector, the funding question continues to grow. Join this session to address the pros and cons of third-party UPC funding, and how it has the possibility to change the cases seen and the countries they come from.
- Map the funders currently active in UPC cases and the kinds of claims (non-practicing entity, SEP, biosimilar, mid-cap industrials) they are backing.
- Work through how the new court fee structure affects the funder's economic model and which case values become attractive or marginal.
- Address disclosure, control and conflict-of-interest issues, including how the European Law Institute's principles are influencing market practice.
- Consider what funded non-practicing entity (NPE) activity at the UPC could look like and how operating companies should defend against it.
