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Funding in the Pharma Sector / Investing in a case where litigation is already ongoing en

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Deminor was approached by a small innovative pharmaceutical company whose headline product improves quality of life for an ageing population. The company was already litigating its patents in the US and European Courts but needed further finance to continue and required the support of a litigation funder.

Process & Approach

Deminor’s due diligence was expedited as the client was able to show its track record to date in the litigation campaign, having already received Judgment in its favour in Europe and with proceedings in the US at an advanced stage. This helped Deminor’s usual assessment process which includes considering not only the financials and merits of the client’s case but also the defendant’s litigation approach and track record. Deminor was able to support the client’s project management in liaising between its counsel in the various jurisdictions ensuring a consistent case strategy and approach. As proceedings progressed, Deminor shared its strategic litigation experience in dealing with procedural hurdles that arose.

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Summary

Deminor’s deep litigation and multi-jurisdictional expertise can add additional mental firepower to support its clients and their law firms in achieving optimal results. Deminor’s 13+ years of funding litigation means that investing at the outset, during litigation, at the appeal stage or only for enforcement are all within our risk appetite and expertise. Expedited due diligence can be carried out in parallel with preparing funding agreements where there is an urgent funding requirement. Final investment decisions are made by Deminor’s own Investment Committee, meaning that there are no additional hurdles to clear before capital can be deployed and litigation funding is realised.

Emily’s Comment

"When I look at multi-jurisdictional campaigns, I want to understand how the law firms in the different jurisdictions will coordinate and whether that has been included in the budget. Where there is historical litigation between two parties, it is also helpful to talk through that history to fill in the background for me."

 

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