Academic Articles

Webcast: Assessing Litigation Risk

Lex Machina hosted a webcast called “Assessing Litigation Risk” on August 19, 2021. The webcast featured guest speaker Omar Jabri, Assistant General Counsel, IP at Apotex, Inc., in conversation with Neil Magenheim, Director of Client Relations at Lex Machina. They discussed how to use Lex Machina to gather the critical insights about parties, counsel, and judges that can help an attorney or company gauge their litigation risk...

By |2021-08-27T16:57:23-08:00August 26th, 2021|Academic Articles, Product|

Does Familiarity Breed Contempt Among Judges Deciding Patent Cases?

We offer the first comprehensive look at how a district judge’s experience affects decisionmaking in patent cases. We find that that there is a strong, statistically significant relationship between a judge’s experience and case outcome: more experienced judges are less likely to rule for the patentee. Notably, the relationship exists […]

By |2017-10-09T23:26:02-08:00November 14th, 2013|Academic Articles|

Where’s the Innovation: An Analysis of the Quantity and Qualities of Anticipated and Obvious Patents

While the main theoretical benefit of patent protection is increased innovation, some assert a swamped U.S. Patent and Trademark Office has granted an inefficiently large number of patents with negligible innovation value. This Article tests this argument’s plausibility and determines the characteristics of patents without innovation by analyzing 980 litigated […]

By |2017-10-09T23:26:29-08:00September 27th, 2013|Academic Articles|

The Impact of Local Patent Rules on Rate and Timing of Case Resolution Relative to Claim Construction: An Empirical Study of the Past Decade

“FAs recognition of the value of patents has increased dramatically over the past decade, so too has the amount of litigation associated with patent enforcement and validity challenges before U.S. district courts, the U.S. International Trade Commission (USITC), and before the U.S. Patent & Trademark Office (USPTO) In response to […]

By |2017-10-09T23:26:55-08:00September 27th, 2013|Academic Articles|

Lawyering in the Shadow of Data

Attorney bargaining has traditionally taken place in the shadow of trial, as litigants alter their pretrial behavior — including their willingness to negotiate a settlement — based on perceptions of likely outcomes at trial and anticipated litigation costs. Lawyers practicing in the shadow of trial have, in turn, traditionally formed […]

By |2017-10-09T23:27:18-08:00September 12th, 2013|Academic Articles|

From De Novo Review to Informal Deference: An Historical, Empirical, and Normative Analysis of the Standard of Appellate Review for Patent Claim Construction

Patent scope plays a central role in the operation of the patent system, making patent claim construction a critical aspect of just about every patent litigation. With the resurgence of patent jury trials in the 1980s, the allocation of responsibility for interpreting patent claims between trial judge and jury emerged […]

By |2017-10-09T23:28:54-08:00October 5th, 2012|Academic Articles|

Startups and Patent Trolls

The America Invents Act requires the study of the positive and negative effects of patent assertion entities (“PAEs”) on the economy. This report provides one account of these impacts, as they are experienced by young technology companies. How patent demands impact startups is critical because they are a vital source […]

By |2017-10-09T23:29:21-08:00September 14th, 2012|Academic Articles|
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