Athena FSP provides fee shifting protection for patent owners. It commits to pay any patent fee-shifting award imposed under § 285, up to the total commitment amount of $3 million (with larger commitments available in certain circumstances). Athena FSP’s commitment lasts for the life of the litigation or licensing campaign.
If the underlying litigation or licensing campaign is successful, Athena FSP is entitled to a percentage of the proceeds up to a fixed amount, with a small residual interest thereafter.
The patent owner and counsel retain 100% control of the litigation or campaign and pay no up-front cost: Athena FSP’s return is fully contingent on the success of the underlying litigation or licensing campaign.
A streamlined underwriting process offers transparency and provides approval and completed documentation in less than 30 days:
Sourcing and Intake (Day 1). Athena FSP assists the patent holder and counsel by answering questions and addressing client-specific considerations. Every inbound inquiry is assigned to an Athena FSP team member to guide the patent owner throughout the process.
Due Diligence (Days 2-15). The Athena FSP team implements a quantitative and qualitative analysis, working with the patent owner and counsel to obtain and review relevant information about the patent or patents in suit.
Structuring (Days 15-25). Athena FSP develops pricing and investment structures based on the due diligence process and the patent holder’s needs and goals. Over the next few days, Athena FSP works with the patent holder and counsel to refine pricing and the transaction documentation.
Investment Closing (Day 30 or Earlier). Athena FSP finalizes its investment and executes the documentation.
Ongoing Review (Life of Litigation/Campaign). Athena FSP monitors the litigation or campaign through its progression, maintaining a dialogue with the patent holder and counsel to stay abreast of case-specific developments. In the event a litigation adversary seeks a fee-shifting award under § 285, the Athena FSP team advises the patent holder regarding filings, arguments, and communications with the court or adversary.