Whose Money? Patentee, Accused Infringer, and Firm’s Litigation Funder Fighting for Slice of Settlement

Irish non-practicing entity Arigna Technology has been disputing with litigation funder Longford Capital Fund since December 2023 over the terms of an engagement agreement between Arigna and its law firm Susman Godfrey, and the funding agreement between Longford and Susman.

Since February 2021, Arigna has sued Finnegan client BMW three times for patent infringement and now BMW wants Arigna to pay attorneys’ fees and court costs for their unsuccessful litigation campaigns against the automaker. Specifically, BMW has filed a motion to intervene in the Arigna-Longford dispute.

Finnegan partner Lionel Lavenue told IAM that, “One of the issues we will be raising if we are allowed to intervene in the Delaware proceeding is the prioritization of the funds, as we believe that we would be entitled to a superior claim before the distribution of funds among the parties in the Arigna-Longford case,” said Lavenue.

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