Apple Inc. has brought a legal action in a federal court in Delaware, seeking to compel Omni Bridgeway (USA) LLC, a litigation financing entity, to provide information and documents related to a patent infringement lawsuit. The suit, initiated six years ago by the Finnish company MPH Technologies Oy, accuses Apple of infringing on its patents with iMessage and FaceTime. According to Apple, Omni Bridgeway is financially backing MPH in this ongoing litigation (Bloomberg Law).
The court filing from July 3 reveals that Apple has been engaged in repeated negotiations with Omni Bridgeway to obtain the requested information but has so far been unsuccessful. Apple argues that Omni Bridgeway has not produced any responsive documents nor provided any witnesses for deposition regarding the patent case (Court Docket). The original patent infringement case filed by MPH in a federal court in San Francisco faced delays as Apple contested the patents’ validity at the Patent Trial and Appeal Board. Apple discovered Omni Bridgeway’s involvement during discovery, which started last year.
Omni Bridgeway did not outright deny its involvement in the case, according to a January letter from their attorney, Jen Kash, which stated that Apple’s subpoena lacked clarity and that the funder was “currently unable to respond” (Letter).
The litigation finance industry, valued at $15.2 billion, has recently faced scrutiny from lawmakers advocating for mandatory disclosure of third-party funding in legal cases. Despite these pressures, funders—including Omni Bridgeway—maintain that their financial support levels the playing field for smaller entities against large corporations. The industry has generally resisted disclosure requirements, arguing that such moves could lead to protracted discovery disputes over tangential information.
Omni Bridgeway is one of two publicly traded litigation funders, with a significant portion of its portfolio committed to patent cases. The legal case involving Apple’s subpoena is formally titled “In Re: Omni Bridgeway LLC, D. Del., 1:24-mc-330.”
Additional comments on the matter from both Omni Bridgeway and Apple’s legal representatives have not been provided as of this writing.