Step 3 of 4 — Patent Intelligence Framework
Litigation Viability Report Is This Case Worth Pursuing?
An objective, independent evaluation of whether a patent case has the infringement strength, damages potential, and litigation economics to support enforcement or attract litigation funding. The decisive gate before committing to full investment diligence.
Patent Intelligence Group is an independent provider of patent litigation funding diligence for litigation finance firms and investors worldwide.
- Delivered in 7–10 business days
- Independent analytical assessment
- $19,995 per patent per product
Step 3 — Fixed Price
$19,995
per patent per product
Custom for multiple patents
- Infringement strength analysis
- Damages potential modeling
- IPR vulnerability assessment
- Defendant financial profile
- Enforcement risk observations
About This Report
What Is the Litigation Viability Report?
The Litigation Viability Report evaluates whether a patent enforcement campaign is strategically and economically viable. It builds on the infringement evidence established by the Claim Chart Report to assess the full enforcement picture — damages, risk, and economics.
This report answers the critical question that comes after infringement is established: is this case worth pursuing? It evaluates infringement strength, damages potential, defendant profile, IPR vulnerability, and enforcement risks to provide an objective viability assessment.
A determination of low damages potential at this stage can eliminate a case before the time and expense of a full Investment Diligence Report — saving both patent owners and funders significant resources. If the case shows strong viability, it provides the foundation for a full investor-ready diligence package.
Report Deliverables
- Infringement strength analysis based on available evidence
- Defendant prioritization and financial profile
- Damages potential modeling
- IPR vulnerability assessment
- Identification of enforcement risks
- Strategic observations on enforcement options
Price
$19,995 per patent per product
Custom pricing for multiple patents
Turnaround
Typically 7–10 business days
What We Evaluate
Five Dimensions of Patent Litigation Viability
The Litigation Viability Report evaluates your patent case across every dimension that matters to funders, attorneys, and courts.
01
Infringement Strength
How strong is the infringement position based on available claim chart evidence? We assess the quality and completeness of the infringement case and identify gaps that may need to be addressed.
Based on existing claim charts
02
Damages Potential
We model reasonable royalty and lost profits to establish a credible damages range. Cases that don’t support meaningful damages are identified early — before the cost of full diligence.
Reasonable royalty · Lost profits
03
Defendant Profile
We profile the accused infringer’s financial capacity, litigation history, and settlement behavior — to assess whether a judgment or settlement is collectable and realistic.
Financial · Litigation history
04
IPR Vulnerability
We evaluate the patent’s exposure to Inter Partes Review challenges at PTAB — a critical risk factor that affects every litigation funding decision and enforcement strategy.
PTAB · Prior art exposure
05
Enforcement Risks
We identify key legal and strategic risks in the enforcement path — including venue considerations, claim scope limitations, and factors that could affect the timeline or cost of litigation.
Venue · Scope · Timeline
$20M+
Cases with multiple defendants, willful infringement findings, or enhanced damages potential are generally more attractive. Patent Intelligence Group’s damages modeling gives funders an independently verified recovery range — not a projection from the case presentation.
Who This Report Is For
The Right Report When You Need an Objective Viability Assessment
The Litigation Viability Report is the decisive step that separates cases worth pursuing from those that aren’t — before significant resources are committed.
Litigation Finance Firms — Preliminary Screening
Before commissioning a full Investment Diligence Report, funders use the Litigation Viability Report for cost-efficient preliminary screening — identifying cases that don't meet the minimum threshold early.
Patent Owners Preparing for Funding Conversations
Approaching a litigation funder without a viability assessment puts you at a disadvantage. This report lets you enter a funding conversation knowing exactly where your case stands.
Patent Owners Evaluating Enforcement
You have claim charts and know who is infringing. Before committing to litigation costs or approaching a funder, you need an objective assessment of whether the economics support enforcement.
Law Firms Advising Clients
Before recommending a litigation strategy, you need independent validation of the damages picture and key risks. This report gives you a credible, independent assessment to share with clients.
The Process
How the Litigation Viability Report Works
A structured analytical process from engagement to delivery.
You Submit Your Patent & Evidence
1
Provide your patent number, existing claim charts or infringement evidence, the accused products or defendants, and any other relevant background on the case.
We Analyze Infringement & Damages
2
We evaluate the strength of the existing infringement evidence and model damages potential — reasonable royalty and lost profits — based on available market and financial data.
We Assess Risk and Defendant Profile
3
We profile the defendant’s financial capacity, litigation history, and settlement likelihood, and evaluate IPR vulnerability and other key enforcement risks.
We Deliver an Objective Assessment
4
We deliver a structured report with findings on all five viability dimensions — along with strategic observations on enforcement options — within 7–10 business days.
Get Started
Request the Litigation Viability Report
Contact us to discuss your patent situation and get started. Pricing is $19,995 per patent per product. Custom pricing is available for engagements covering multiple patents.
Litigation finance firms seeking to commission this report for preliminary case screening may call us directly at 646-397-3003.
Infringement strength analysis
Damages potential modeling (reasonable royalty & lost profits)
Defendant prioritization and financial profile
IPR vulnerability assessment
Identification of enforcement risks
Strategic observations on enforcement options
Delivered within 7–10 business days
Litigation Viability Report
$19,995 per patent per product · Custom pricing for multiple patents · We'll be in touch within one business day.
Price
$19,995 / patent / product
Our team will contact you within one business day. Patent Intelligence Group provides independent analytical services only — nothing in this report constitutes legal advice. A viability report does not guarantee litigation funding.
The Full Framework
Where This Report Fits in the Process
The Litigation Viability Report is Step 3 of the Patent Litigation Funding Readiness Framework™.
Step 1
Infringer Landscape Report
Identify and prioritize companies potentially practicing your patent claims.
Step 2
Claim Chart Report
Map patent claims element-by-element to identified infringing products.
Step 3 — You Are Here
Litigation Viability Report
Evaluate whether the case has the economic and legal strength to support enforcement.
Step 4
Investment Diligence Report
Complete investor-ready diligence package for litigation funders and IP investors.
Ongoing
MoatWatch™
Ongoing patent monitoring and competitive surveillance to protect your position.
Who We Are
Independent Litigation Viability Analysis for Patent Enforcement and Funding Decisions
Patent Intelligence Group is an independent provider of patent litigation funding diligence for litigation finance firms and investors worldwide. We are not a law firm. We are not a litigation funder. We are the independent analytical layer between a patent asset and the investment decisions that require it.
The Litigation Viability Report is Step 3 of the Patent Litigation Funding Readiness Framework™ — providing the objective viability assessment that determines whether a case is worth pursuing before the investment in full funder-ready diligence.
Common Questions
Litigation Viability Report — FAQ
Answers to the questions patent owners, attorneys, and funders ask most often about this report.
Who provides patent litigation viability analysis?
Patent Intelligence Group provides patent litigation viability analysis through its Litigation Viability Report — an independent assessment of whether a patent enforcement campaign has the infringement strength, damages potential, IPR risk profile, and defendant characteristics to support enforcement or attract litigation funding. Based in New York and serving clients worldwide. Fixed price: $19,995 per patent per product.
What company evaluates patent case viability for litigation funding?
Patent Intelligence Group evaluates patent case viability for litigation funding through its Litigation Viability Report. We assess infringement strength, model reasonable royalty and lost profits damages, evaluate IPR vulnerability, profile the defendant’s financial capacity, and identify key enforcement risks — delivering a structured independent assessment before you commit to litigation costs or approach a funder.
What is a patent litigation viability report?
A patent litigation viability report is an independent analysis that evaluates whether a patent enforcement campaign has the legal and economic characteristics required to succeed. It covers infringement strength, patent validity, IPR vulnerability, damages potential, defendant profile, and overall litigation risk — giving patent owners, attorneys, and funders an objective assessment before significant resources are committed.
Is my patent worth enforcing?
Whether a patent is worth enforcing depends on several factors: Is the infringement clear and technically supportable? Is the patent valid and defensible against IPR challenges? Are projected damages large enough to justify litigation cost? Does the defendant have the ability to pay? Patent Intelligence Group’s Litigation Viability Report provides an independent answer to all of these questions before you commit to enforcement costs.
How much damages potential is needed for patent litigation funding?
Most patent litigation finance firms require estimated damages potential of at least $20 million before seriously evaluating a case. Cases with multiple defendants or willful infringement — which can result in enhanced damages of up to 3x — are generally more attractive. The Litigation Viability Report provides a realistic, supportable damages estimate before you approach funders or commit to enforcement costs.
How does the Litigation Viability Report differ from the Investment Diligence Report?
The Litigation Viability Report is an intermediate assessment designed to determine whether a case has sufficient merit to justify the cost of full investment diligence. A finding of low damages potential at this stage can eliminate a case before the time and expense of a full Investment Diligence Report. The Investment Diligence Report is the comprehensive package — including detailed prior art review, full IPR and 101 analysis, and complete litigation risk scoring — designed to be presented directly to litigation funders.
Do I need existing claim charts to order a Litigation Viability Report?
Existing claim charts strengthen the Litigation Viability Report significantly, as the infringement strength dimension builds on the technical evidence already established. However, if you don’t yet have claim charts, contact us — we can discuss whether it makes sense to combine a Claim Chart Report with the Litigation Viability Report as part of a single engagement.
What is the next step after a Litigation Viability Report?
If the Litigation Viability Report indicates the case has strong enforcement characteristics, the next step is the Investment Diligence Report — a comprehensive due diligence package designed to be presented directly to litigation finance firms. It builds on the viability assessment with full prior art review, detailed IPR and 101 analysis, and complete litigation risk scoring.
Does Patent Intelligence Group provide legal advice with this report?
No. Patent Intelligence Group provides independent analytical services only. The Litigation Viability Report is an analytical tool designed to support patent enforcement and investment decisions — it does not constitute legal advice. Clients should consult qualified patent counsel for legal guidance specific to their situation.