|New PTAB Data Reports in Lex Machina
The Lex Machina “motion metrics” report will include all district court and PTAB cases/ They are tightening the integration of District, PTABa nd ITC investigations data.
In House Counsel and Legal Analytics ( or Escape from Anec-data)
I have focused on Lex Machina as a powerful data engine for law firm business development and a kind of crystal ball providing predictive insights which can be applied to case assessment and litigation strategy. The March issue of the Association of Corporate Counsel Docket is featuring an article which provides in the “In-house” perspective on legal analytics from Lex Machina and other sources. The article co-authored by Kevin Kramer, Yahoo’s VP and Deputy General Counsel for intellectual property and Owen Byrd. Lex Machina’s Chief Evangelist and General Counsel. The Article ” Legal Analytics Transform Law Department Patent Activity” describes the variety of ways that in house counsel are using data to select and manage outside counsel, make internal business decisions when faced with a lawsuit and determine their own tactical and strategic approaches to case assessment for patent litigation. The article provides interesting insights into how Yahoo is using data to assess their response to patent troll litigation, select outside counsel and conduct case assessment and litigation strategy. There were also some applications I couldn’t have imagined. Yahoo reports using workforce data and geographic location of their engineers to anticipate the volume of “invention discolsures” which will be submitted to the GC. My favorite insight in the article is the power of legal analytics to empower lawyers by moving them away from making decisions using subjective “anec-data” to leveraging resources which deliver actionable, objective data.
The authors are optimistic that access to legal analytics will continue to improve but they also highlight two important “confidential” data sets which remain unavailable for analysis. These two areas are settlement data and licensing data.
Don’t Look Now: Outside Counsel Are Digging Your Data
The article also describes some collaborative projects in which Yahoo
worked with Lex Machina to identify lower cost and highly experienced IP
litigators with relevant experience in appropriate jurisdictions as an alternative to Big Law firms. Yahoo is using Lex Machina
for early case assessment, choice of venue, evaluating judges,opposing
party and counsel.
The implicit warning in this article, is that lawyers need to seize legal and business analytics in order to even be “in the game.” Top tier firms may find themselves losing clients based on comparative legal analytics. Imagine the unspeakable embarrassment of going to a client pitch without your own custom analytics report and being confronted with “time to trial” data and early case assessment strategies developed by the client’s GC who used commercial services such as Lex Machina.