Lately
I feel like a kid in an analytics candy store. The recent wave of products offering analytic insights is escalating the power of legal research and creating new opportunities for information professionals to offer “game changing” insights to the attorneys they support. Lex Machina is having a good year. AALL recently awarded Lex Machina the prestigious “New Product of the Year Award for 2015.” Lex Machina also launched
two important new modules for Trademark and Copyright which include data on 57,000 trademark cases
and 49,000 copyright cases. The
Trademark and Copyright modules offer
similar features to those available in their flagship Patent Product. It also
offers data sets and analytics which are
unique to Trademark and Copyright litigation. Lex Machina includes case data
back to January 1, 2001. The Lex Machina analytics can provide insights in a variety of contexts.
I feel like a kid in an analytics candy store. The recent wave of products offering analytic insights is escalating the power of legal research and creating new opportunities for information professionals to offer “game changing” insights to the attorneys they support. Lex Machina is having a good year. AALL recently awarded Lex Machina the prestigious “New Product of the Year Award for 2015.” Lex Machina also launched
two important new modules for Trademark and Copyright which include data on 57,000 trademark cases
and 49,000 copyright cases. The
Trademark and Copyright modules offer
similar features to those available in their flagship Patent Product. It also
offers data sets and analytics which are
unique to Trademark and Copyright litigation. Lex Machina includes case data
back to January 1, 2001. The Lex Machina analytics can provide insights in a variety of contexts.
Pitch Preparation business development “pitch”
preparation. Demonstrate your firm’s experience on an issue, before a judge,
against your adversary. A firm can plan a litigation budget by seeing both high
level trends for a particular type of
litigation, as well as granular
trends for specific issues in a certain circuit, before a certain judge or when
opposing a specific firm.
preparation. Demonstrate your firm’s experience on an issue, before a judge,
against your adversary. A firm can plan a litigation budget by seeing both high
level trends for a particular type of
litigation, as well as granular
trends for specific issues in a certain circuit, before a certain judge or when
opposing a specific firm.
Manage Client Expectations. Lawyers can now produce data to
manage client expectations by showing a client time data for similar types of litigation issues, motions, remedies and findings before a specific judge or in a specific court to trial analytics, remedy
analytics and potential damages.
manage client expectations by showing a client time data for similar types of litigation issues, motions, remedies and findings before a specific judge or in a specific court to trial analytics, remedy
analytics and potential damages.
Competitive
Advantage. The Lex Machina reports can provide insights
into the behavior of district court judges, opposing parties, and opposing
counsel, engaged in similar litigation, enabling the lawyer to gain competitive advantage in trademark and copyright
litigation.
Unique
Copyright-Specific Data
Copyright-Specific Data
Case
Tags – file sharing
cases (enabling users to exclude from analysis these 6,400+ repetitive
“copyright troll” cases suing ISP addresses of anonymous John Doe defendants),
trial (bench and jury), appeal, declaratory judgment
Tags – file sharing
cases (enabling users to exclude from analysis these 6,400+ repetitive
“copyright troll” cases suing ISP addresses of anonymous John Doe defendants),
trial (bench and jury), appeal, declaratory judgment
Case
Timing – median days
to grant of permanent injunction, trial, termination
Timing – median days
to grant of permanent injunction, trial, termination
Case
Resolutions –judgment
resolutions for claimants and claim defendants (default, consent, judgment on
the pleadings, summary judgment, trial, JMOL), procedural resolutions
(dismissal, consolidation, severance, transfer, stay), likely settlements
(plaintiff voluntary dismissal, stipulated dismissal)
Resolutions –judgment
resolutions for claimants and claim defendants (default, consent, judgment on
the pleadings, summary judgment, trial, JMOL), procedural resolutions
(dismissal, consolidation, severance, transfer, stay), likely settlements
(plaintiff voluntary dismissal, stipulated dismissal)
Findings
– infringement, fair
use, ownership/validity, license or equitable defense
– infringement, fair
use, ownership/validity, license or equitable defense
Damages – statutory damages (including for willful
infringement), actual damages and
infringement), actual damages and
infringer’s
profits, public performance license, attorneys’ fees, costs, prejudgment
interest
profits, public performance license, attorneys’ fees, costs, prejudgment
interest
Remedies – seizure/destruction of goods, preliminary
injunction, permanent injunction, temporary restraining order.
injunction, permanent injunction, temporary restraining order.
Unique
Trademark-Specific Data
Trademark-Specific Data
Case
Tags – Lanham Act,
unfair competition, dilution, false advertising, trade dress, cybersquatting, trial
(bench and jury), appeal, declaratory
judgment
Tags – Lanham Act,
unfair competition, dilution, false advertising, trade dress, cybersquatting, trial
(bench and jury), appeal, declaratory
judgment
Case
Timing – median days
to grant of permanent injunction, trial, termination
Timing – median days
to grant of permanent injunction, trial, termination
Case
Resolutions –
judgment resolutions for claimants and claim defendants (default, consent, judgment
on the pleadings, summary judgment, trial, JMOL), procedural resolutions
(dismissal, consolidation, severance, transfer, stay), likely settlements
(plaintiff voluntary dismissal, stipulated dismissal)
Resolutions –
judgment resolutions for claimants and claim defendants (default, consent, judgment
on the pleadings, summary judgment, trial, JMOL), procedural resolutions
(dismissal, consolidation, severance, transfer, stay), likely settlements
(plaintiff voluntary dismissal, stipulated dismissal)
Findings
– Lanham Act
violation, fair use, ownership/validity, equitable defense
– Lanham Act
violation, fair use, ownership/validity, equitable defense
Damages – statutory damages (including for willful
infringement), trademark owner’s actual damages, infringer’s profits,
corrective advertising, attorneys’ fees, costs, prejudgment interest
infringement), trademark owner’s actual damages, infringer’s profits,
corrective advertising, attorneys’ fees, costs, prejudgment interest
Remedies
– seizure/destruction
of goods, termination of mark, relinquish domain name,
– seizure/destruction
of goods, termination of mark, relinquish domain name,
preliminary
injunction, permanent injunction, temporary restraining order
injunction, permanent injunction, temporary restraining order
Stay Tuned..Lex Machina has indicated that they have plans to expand beyond intellectual property cases and will soon be offering analtyics on other kinds of commercial litigation in federal courts.
Here are some sample custom Trademark and Copyright reports from Lex Machina:
Copyright Filings by Judgement C.D. Ca. |
Trademark Remedies and Finding C. D. Ca. |
Patent Trademark and Copyright Case Filings C.D. Ca. |
Trademark Filings By Judgment in C.D Ca. |