Burford Capital Ltd. (BUR.US) jumped more than 12% at one point on Monday, marking its largest intraday gain since late March, after a federal jury issued a ruling in a patent case involving Apple (AAPL.US). The stock closed up nearly 8%.
A federal jury in San Diego ruled on September 25 that Apple must pay more than $5.7 billion for infringing on vibration-based technology patents owned by Taction Technology Inc. Reports described it as one of the largest patent verdicts in U.S. history. Court documents in the case disclosed that Taction received funding from Gronostaj Investments LLC and Kenosha Investments LP, the latter of which was identified in another lawsuit as an indirect subsidiary of Burford Capital Ltd.
In a statement on Monday, Burford Capital said that if the awarded amount is paid as ruled, Burford's entitlement would be $1.4 billion, divided roughly between its balance sheet and investment funds. Burford cautioned that this figure could change due to post-trial and appellate proceedings. Apple has filed a motion for judgment as a matter of law, asking the trial court to set aside the jury's verdict. The U.S. Court of Appeals for the Federal Circuit, which handles patent appeals, is known for its strict scrutiny of large damages awards.
The litigation funder stated: "The rendering of a jury verdict does not constitute a final judgment, nor does it mean Burford has received cash proceeds. The case still faces significant litigation and collection risks." Burford noted that lawsuits often settle for less than the jury's awarded amount, and the parties may reach a settlement at a much lower figure. The company's ultimate entitlement will also depend on the terms of its funding agreements and applicable fees, expenses, taxes and other deductions.