When it comes to patent infringement, the balance of power has been so heavily in the favour of companies doing the infringing, that many do not fear any sort of reprisal and will often choose to eschew paying for the license. Having courts invalidate patents, and the lack of damages that can actually be gained by an inventor through an infringement lawsuit, have put individual creators at a serious disadvantage. However, litigation funding is a unique asset for these patent holders to reassert control.

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