Analytics Articles

Using Contracts Analytics in Franchise Disputes

Franchisors frequently become embroiled in contract disputes with their franchisees. Many franchisors have cases pending against their franchisees for breach of the franchise agreement in district courts across the country. In each case, franchisors are facing, not only different franchisees, but also different judges, opposing counsel, and local counsel. Predicting timing, outcomes, and cost is essential to evaluating and resolving franchise claims.

Franchisors (and their counsel) need a data tool that provides insights into the litigation process when the parties are litigating a breach of franchise agreement claim. Data on the court, the judge, opposing counsel, the […]

By |2019-05-17T21:57:55+00:00May 17th, 2019|Analytics Articles|

Analytics for Insurance Litigation

For a long time the insurance industry has been leveraging analytics to understand and predict risk when writing policies. But what happens when a disputed claim becomes a legal matter? Using advanced technologies, Legal Analytics gives you insights into legal cases and trends that were previously unknowable to provide better legal advice, develop better litigation strategies and win more cases.

Data-Driven Strategy

With Legal Analytics, insurance lawyers can discover what types of cases have actually been litigated, who represented the opposing parties, how long the parties litigated, what findings the court or […]

By |2019-03-14T00:22:05+00:00March 13th, 2019|Analytics Articles|

Legal Analytics vs. Legal Research: What’s the Difference?

For hundreds of years, litigators have served their clients by applying facts to law using legal reasoning. To identify relevant law—statutes, cases, rules—to apply to the facts of a case, lawyers conduct legal research. Performing accurate legal research remains a core skill of successful lawyering.

But over the past few years a new tool has appeared in litigators’ toolkits: legal analytics.

Legal analytics involves mining data contained in case documents and docket entries, and then aggregating that data to provide previously unknowable insights into the behavior of the individuals (judges and lawyers), […]

By |2018-06-13T16:37:55+00:00June 13th, 2018|Analytics Articles|

2017 Second Quarter Litigation Update

1,138 patent cases were filed in the second quarter of 2017, a 18% increase over number of cases filed in the first quarter of 2017.  A similar increase from the first to second quarter has happened in each of the previous 4 years. Although the number of cases filed in the first quarter of 2017 was one of the lowest in the last 5 years, the first half of 2017 only trails 2016’s first half by 7%.

By |2018-01-17T18:52:41+00:00July 18th, 2017|Analytics Articles, Legal Trends|

Lex Machina Launches Legal Analytics for Employment Litigation

As the next step in bringing Legal Analytics to more areas of the law, Lex Machina has expanded our coverage of employment cases pending January 1, 2009 through the present.  Our employment module offers the same ease-of-use and intuitiveness as our other practice areas, but introduces new tags, findings, remedies and damages specific to employment law.

Discrimination, Retaliation, Harassment

Lex Machina tags employment cases by the nature of the claims asserted, resulting in three (overlapping) categories: discrimination, retaliation, and harassment/ hostile work environment.

By |2017-10-10T01:45:33+00:00July 12th, 2017|Analytics Articles, Announcements|

Lex Machina Launches Legal Analytics for Commercial Litigation

Lex Machina is excited to add over 60,000 cases to our Legal Analytics platform with a new module for commercial litigation.  Commercial litigation is the business mainstay of many firms, a concern for nearly any corporation, and a big step for Lex Machina towards making Legal Analytics available across the law.

This blog post takes a preliminary look at these cases, and begins by examining the broad overlap of commercial litigation with other practice areas.  Next, we look at how commercial litigation is spread across the districts […]

By |2017-10-18T03:36:41+00:00June 20th, 2017|Analytics Articles, Announcements|

2017 First Quarter Litigation Update

Lex Machina Q1 2017 Litigation Update

Patent litigation

District Court

938 patent cases were filed in the first quarter of 2017.  This was the lowest per-quarter filings of any quarter since 2011 Q3 (although just barely – there were 963 cases filed in Q1 of 2016).  From last year’s average of 1130 cases per quarter, Q1 is down about 17%.

Despite the low volume, case filings rose month-by-month during the first quarter of 2017 (see Fig. 2), and remain within the pattern established in […]

By |2017-10-09T20:21:15+00:00April 12th, 2017|Analytics Articles, Legal Trends|

$2.54b Damages in Idenix Sets New Record

pdf-iconLast week on December 15, a jury in the awarded Idenix Pharmaceuticals LLC a record-setting $2.54 billion in damages against Gilead Sciences, Inc. (case no. 1:14-cv-0846 in the District of Delaware).  The amount was based on a reasonable royalty theory (finding a 10% rate on a base of $25.4 billion).

This is the largest patent award ever by a district court, and the fifth patent award ever over $1 billion (the other four are listed below):

By |2017-10-09T20:23:37+00:00December 19th, 2016|Analytics Articles|

Design Patent Litigation Update

pdf-iconDesign patents, the kind at issue in the Apple-Samsung case now before the U.S. Supreme Court, are a small but important part of the patent litigation picture.  

Cases involving at least one design patent  (a kind of patent that protect the appearance rather than the functionality of an invention), account for 270 new cases a year, or about 60-70 new cases a quarter (Fig. 1).  These “design patent cases” * have, since 2012, accounted […]

By |2017-10-09T20:26:02+00:00October 26th, 2016|Analytics Articles|

Lex Machina 2015 End-of-Year Trends

pdf-iconPatent Litigation

District Court

Patent litigation in U.S. district courts grew in 2015 with 5,830 patent cases filed, a 15.0% rise from 2014 (5,070 cases).  Except for 2013, which remains the high-water year  for patent litigation (6,114 cases), 2015 surpassed all other previous years.

Fig. 1:  Patent cases filed, 2009-2015

Fig 1a - By year

While the increase from 2014 was already apparent by […]

By |2017-10-09T20:30:41+00:00January 7th, 2016|Analytics Articles, Legal Trends|