Over the course of a multi-year partnership, during which the plaintiff, a technology firm, disclosed all of its intellectual property, the defendant abruptly ended the relationship. The plaintiff’s IP included its patent applications, patented technology and, during the partnership, had been directing all of its internal resources to the partnership. Soon after ending the partnership, the defendant allegedly introduced and commercialized competing technology products. After several years of litigating, the defendant claimed it had discontinued the infringing products with new versions that did not infringe on the plaintiff's patents--however, the plaintiff now alleges the defendant merely implemented superficial changes on the same, infringing versions.
The plaintiff, a thinly capitalized technology company, had already exhausted their legal budget related to the same claim over the course of a multi-year litigation. Financing for this case had fallen through prior to a new complaint being filed. LexShares provided $3,775,000 in litigation funding at a critical time to finance the firm's working capital and legal expenses during the second litigation proceeding.