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Member Spotlight: Lumenci

By John Freund |

Lumenci is a renowned full-service IP consulting firm dedicated to extracting maximum value from IP assets and providing technical, valuation, and strategic advice to patent owners and law firms to drive successful results.

With a global footprint spanning Austin, New York, San Francisco Bay Area, and New Delhi, India, Lumenci gathers over 100 technical and valuation/damages experts under one roof. This full-service IP consulting firm empowers companies to maximize the value of their IP assets through a blend of domain expertise and advanced automation technologies. A prolific team of Patent Monetization Strategists, Due Diligence Technologists, and Litigation Discovery Experts enables Lumenci to assist clients as a comprehensive global partner in high-stakes patent monetization and IP litigation campaigns.

Lumenci’s expertise lies in understanding complex technology, analyzing patent claims and identifying underlying technological nuances. With a successful track record, Lumenci has analyzed over 60,000 patents, meticulously tested 900+ products, and investigated more than 175 litigations across ten global regions, from the US and UK to China and India. Their dedication extends to both plaintiffs and defendants, consistently securing favorable outcomes like settlements and verdicts. Lumenci’s work has saved clients a staggering $3 billion in verdicts, settlements, and cost savings. The firm’s team of experts possesses deep domain knowledge in various complex technology areas, including software, cloud computing, codecs, artificial intelligence, telecommunications, and hardware.

Among its technological clients, Lumenci stands out as a reliable partner looking to maximize the value of their intellectual property portfolios. The firm’s commitment to delivering customized solutions, leveraging cutting-edge technology, and maintaining a deep understanding of the IP landscape has resulted in successful customer outcomes.

Company Website:  www.lumenci.com

HQ – Austin: 901 South Mopac Expressway, Building 1, Suite 300, Austin, TX 78746, USA

Member Bios

Harish Daiya is the Co-Founder and Chief Executive Officer of Lumenci. He is based out of Austin, Texas and oversees the company’s operation across all global offices. With over 15 years of industry experience in technical consulting in IP litigation and licensing, Harish has been a part of $2B+ in IP value creation. He is also a member of the Forbes Business Council, where he regularly writes Thought Leadership pieces and shares ideas on global impact. Harish has also been a serial entrepreneur and angel investor for several successful startups. As the CEO, Harish is elemental in driving Lumenci’s vision, goals, sales, and revenue. He oversees organizational growth, business strategy, people culture, client relationships, business development, strategic partnerships, and launching new businesses.

Kalyan Banerjee is the Co-Founder and Chief Growth Officer of Lumenci and operates out of Lumenci’s head office in Austin, Texas. Kalyan is a thought leader to reckon with for patent, source code analysis, and blockchain issues, where he is regularly invited as a speaker in several US universities and industry panels. He is also a testifying expert in source code matters at ITC, District Courts, and Arbitration and has been a part of IP litigation and licensing outcomes amounting to $2B+. He is instrumental in shaping the fundamental mission and principles at Lumenci. As the Chief Growth Officer, he is involved in growth strategy, technical delivery and consulting, business development, key partnerships, and organizational culture. He has been a mentor to several startups and has successfully built and scaled many consulting teams.

Deepak Patnala is the Senior Vice President and Head of Corporate Practice at Lumenci, operating out of San Francisco Bay Area Office. Deepak oversees Patent Monetization and M&A practice at Lumenci and is a trusted advisor to clients, helping them navigate complex intellectual property matters. He is a world-class technical expert in IP licensing and litigation matters and an upcoming testifying expert. He has 12+ years of experience providing technical support in high-stakes IP litigation and monetization matters. He has assisted various organizations, from corporations and law firms to high-growth emerging companies, in solving issues, creating value, maximizing growth, and improving business performance for their intangible assets. He has experience working across multiple technology domains such as cloud, OTT, cryptography, enterprise software, computer security, artificial intelligence, virtual and augmented reality, internet technologies, telecom, networking, etc.

Vamsi Krishna is Senior Vice President & Head of Litigation Practice at Lumenci and operates out of Lumenci’s head office in Austin, Texas. He oversees Lumenci’s IP Litigation practice and is responsible for customer relationship management, account growth, and elite delivery in high-stakes patent monetization and litigation matters. He has 12+ years of experience in IP consulting, technical discovery, and leading technology consulting teams in major patent litigations in the US. He is a world-class technical expert in IP litigation matters and an upcoming testifying expert in Telecom, Networking, Hardware, and Software. He has extensive source code review and expert report drafting experience in major litigations. He is proficient in navigation, mapping, mobile, user interfaces, streaming, security, DRM, databases, and other technologies. Vamsi has also provided a declaration in the EDTX patent litigation matter.

Areas of Focus: 

Monetizing IP assets

Over the years, Lumenci has showcased its proficiency and added value in crafting multiyear, multi-geography, and high-opportunity patent monetization campaigns through adept capabilities in technology analysis, valuation, and business strategy domains for its clients.

Lumenci is proud to have a multi-faceted team skilled in diverse areas such as – reverse engineering, product testing, and EoU creation. Lumenci empowers clients to navigate the complex patent landscape confidently, prioritizing empowerment over mere numbers.

Lumenci tailors monetization strategies for inventors and companies with portfolios of any size, from solo innovators with five patents to industry giants with 30k+ Patents. Their expertise has driven impactful results of multi-million-dollar licensing deals for their clients. Whether through licensing, sale, or litigation, Lumenci illuminates the path to maximizing patent value for each client. The team utilizes proven techniques to uncover high-value patents, build comprehensive evidence for campaigns, and provide strategic insights. With a track record of 20,000+ patents mined, 25,000+ EoUs created, and $3 billion+ in client outcomes, Lumenci delivers tangible results.

Underlining Lumenci’s impact and value, one of the leaders of a software technology patent portfolio holding firm mentioned – “I recently had the pleasure of working with Lumenci, and their technical patent support was outstanding. We are monetizing a networking-based patent portfolio, and Lumenci’s expertise and guidance were crucial to our success. They helped us to identify the most promising infringement reads, provided valuable insight into the patent landscape, and were always available to answer our questions and offer advice.”

End to End Support for IP Litigation

Lumenci stands out as an end-to-end partner for patent litigators, offering a potent blend of expertise and strategic support throughout the litigation. Lumenci’s dedicated team of specialists delves deep into the technical complexities, particularly excelling in the high-stakes arena of code review matters, covering a spectrum from UI code to hardware code. Lumenci’s expertise in different aspects of litigation-related activities enables legal teams with strategic insights and technical acumen critical for navigating the dynamic realm of IP litigation.

The company’s proficiency extends to product testing, reverse engineering (in domains such as semiconductors), and meticulous research in creating high-quality Evidence of Use (EoUs) that maximize patent value. Lumenci assists in the pre-filing stage by valuing patent assets, conducting venue analysis, and offering a turnkey solution to satisfy Rule 11 requirements, and also works towards providing technical support to damages valuation such as testing, non-in figment alternatives, apportionment, etc. Lumenci is a strong technology partner during the discovery process, handling end-to-end source code discovery, product testing, and updating contentions with the most recent technical evidence. But the journey doesn’t end there. Lumenci provides real-time technical assistance during Markman hearings, depositions, and trials to maximize your chances of securing favorable judgments.

As a testimony to Lumenci’s high-quality support in IP litigation, one of the counsel members of a US law firm mentioned – “We recently wrapped up the deposition, and I am thrilled with the valuable testimony we from your team. As we gear up for numerous depositions over the next three weeks, I am eager to designate you as our preferred drafter for several of similar requests. Kudos to the Lumenci team for a job well done!”

Connect with Litigation Funders

Lumenci transcends litigation support, offering additional avenues for maximizing the value of patents. The company’s patent purchase network connects patent stakeholders with potential buyers, pools, and licensees, opening up alternative monetization pathways. For those seeking financial leverage, Lumenci’s financing solutions tap into their established network of financing entities, crafting innovative strategies to unlock the full potential of the patent portfolio.

Through a cooperative exchange, Lumenci offers valuable advice on opportunities around seeking trusted funders while taking a proactive stance in pinpointing avenues for value generation. Lumenci’s consultative methodology extends beyond traditional client-firm interactions, nurturing a flexible and responsive association that adjusts to the ever-evolving demands of its clients within the dynamic domains of patent law and intellectual property.

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Case Developments Commercial

Australian Federal Court Approves $24.5M Funder’s Commission for Galactic 

By John Freund |

Reporting by Lawyer’s Weekly covers a major development in two Australian class actions, where litigation funder Galactic obtained a favourable ruling from the full Federal Court to double its commission from its funding of lawsuits brought against 7-Eleven and ANZ Bank. Justices Craig Colvin, Bernard Murphy and Michael Lee, overturned a 2023 judgement by Justice O’Callaghan that refused to make Galactic’s CFO order. As a result, Galactic’s commission from the class actions will drastically rise from $12 million, to a total $24.5 million.

The Federal Court’s ruling on 2 May found that Justice O’Callaghan had been wrong to refuse making the CFO order on the basis that the court did not have the power to do so. The three Justices wrote that Galactic’s $24.5 million commission “is commercially realistic and properly reflects the costs and risks Galactic took on by funding the proceedings.”

The class actions brought against 7-Eleven and ANZ Bank focused on allegations that the fuel and convenience store chain’s standard Franchise Agreement had ‘unfair contractual terms’ that violated consumer law. ANZ Bank were targeted by the second class action over claims that it had failed to meet its obligations under Australia’s Code of Banking Practice, ‘by lending to buy into the franchise system, often up to 100 per cent of the franchise license.’

Case Developments Commercial

London’s Black-Cab Drivers Bring £250M Claim Against Uber

By John Freund |

An article The Financial Times covers legal actions being brought against Uber on behalf of London’s black-cab drivers, centred on allegations that Uber misled Transport for London (TfL) to obtain its license. Specifically, the lawsuit focuses on the claim that Uber misled TfL around its booking model, and that the company allowed its drivers to receive direct bookings from customers rather than through a central system.

The claim is being brought in the High Court by RGL Management and is representing more than 10,500 black-cab drivers, who argue that they were harmed by unfair competition and are seeking up to £25,000 in compensation per driver. The claimants are represented by Mishcon de Reya and Katch Investment group are providing the litigation funding for the claim, with the total value of the group litigation reaching £250 million.

In a statement, Uber continued to deny the allegations and said that the claims “are completely unfounded”, maintaining its position that the ride-hailing company “operates lawfully in London, fully licensed by TfL.”

More information about the group litigation can be found on RGL Management’s ‘Black Cabs v Uber Litigation 2021’ (BULit21) website.

Commercial Regulatory Issues

Legislation to ensure the enforceability of LFAs is progressing smoothly through Parliament

By John Freund |

The following is a contributed piece by Tom Webster, Chief Commercial Officer at Sentry Funding.

So far, the Litigation Funding Agreements (Enforceability) Bill has been passing through Parliament without a hitch.

The government is bringing the legislation in response to the Supreme Court’s decision last summer in PACCAR Inc & Ors v Competition Appeal Tribunal & Ors [2023] UKSC 28, which called into question the enforceability of LFAs.

The Bill was briefly introduced into the House of Lords on 19 March, and was debated at second reading on 15 April. During the debate, while some peers discussed the need for regulation of the litigation funding industry and for careful consideration of whether the retrospective nature of the legislation was justified, no peers opposed the Bill – and many welcomed it.

More recently, during scrutiny at grand committee on 29 April, the relatively small number of peers who attended the session broadly supported the Bill, and several spoke in favour of the need for its provisions to be retrospective.

In terms of the Bill’s drafting, the government proposed some small changes at committee stage, which were waved through by peers. The most significant was to address a potential problem with the original drafting where the LFA relates to the payment of costs rather than funding the provision of advocacy or litigation services.

The problem was that, in the original wording, it could be argued that the Bill only applied to the funding of costs that relate to court proceedings, but not those relating to arbitration, or settlements. This has now been resolved by new wording to make clear that an LFA may relate to the payment of costs following court, tribunal or arbitration proceedings, or as part of a settlement. An LFA may also relate to the provision of advocacy or litigation services.

Meanwhile another government amendment was aimed at avoiding problems for litigants-in-person, by ensuring that the definition of LFAs in the Bill includes agreements to fund the expenses of LiPs, for example where they need to pay for an expert’s report.

During grand committee, peers also expressed their approval of the broad terms of reference that have now been published by the Civil Justice Council for its review of litigation funding, which will include an examination of whether the sector should be regulated; and if so, how. Peers commended the speedy timescale that the CJC has set itself, aiming to produce an interim report by the summer, and a full report by summer 2025.

As the Litigation Funding Agreements (Enforceability) Bill continues its journey through Parliament and the CJC begins work on its review, there are clearly significant changes on the way for the litigation funding sector in the UK.

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