Keep Out: Uniloc Gets Second Chance To Seal Licensing Documents

Patent owners that lack sufficient resources are often required to utilize the services of an outside litigation funding source to vindicate their patent rights. Often times, these patent owners communicate with such litigation funders regarding potential litigations and licensing programs such that the litigation funder can evaluate the reasonableness of the investment. It is no surprise that in such situations, licensing targets or other curious parties attempt to force the disclosure of those communications to assert leverage over the patent owner. Make no mistake though, that the disclosure of these materials, if allowed, would greatly prejudice a patent owner merely attempting to vindicate its patent rights—such attempts to pierce the work product and common interest privilege are common.