Lex Machina released its annual Patent Litigation Report. This is a comprehensive report with data across the entire Patent module including patent litigation in federal district court and administrative hearings before the Patent Trial and Appeal Board (PTAB). This report also includes Hatch-Waxman/ANDA trends as well as those involving High Volume Plaintiffs (plaintiffs who have filed more than ten cases in a single year). The Patent Litigation Report analyzes filing trends, key decisions and timing metrics, as well as damages and other data. It shows top districts by case filings and percentage, top parties and law firms, and damages metrics [...]
Lex Machina is excited to announce the release of Legal Analytics for Contracts Litigation. This practice area expands and replaces the current Commercial practice area. We’ve added almost 50,000 new cases to the existing 85,000 Commercial cases. While the existing Commercial case set focused on cases involving breach of contract and business tort claims between business entities, the additional 50,000 cases expand coverage to all disputes with breach of contract claims, including individual, class action, and government lawsuits. […]
The Lex Machina team is excited about the launch of our ERISA litigation module. This brings Legal Analytics to one of the most complex practice areas in the U.S. District Courts. The new module helps attorneys navigate the complexities surrounding disputes over ERISA-protected Life, Health, Disability, Pension, Retirement, and Other Employee Benefit Plans. Practitioners can analyze the over 80,000 cases pending since 2009 to see how judges, parties, or law firms perform in ERISA litigation. […]
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), organizations (parties, courts, law firms), and the subjects [...]
This is a follow up post to an earlier discussion of the Supreme Court’s venue-altering decision. One year later, it is clear that there is a significant shift in where patent cases are being filed, with many more cases in Delaware since TC Heartland narrowed the rules for venue. Texas, by contrast, has seen a significant drop in filings, but is still a favored arena for some plaintiffs. For the time being, Texas judges continue to have a significant impact on the patent litigation landscape.
In the final quarter of 2017, a total of 981 patent cases were filed in U.S. District Courts, a 1.3% decrease over the previous quarter’s total of 994 cases. Cases filed in the calendar year 2017 (4,057 cases) represent a decline of 10.3% over 2016 (with 4,529 cases). Despite the decline, Figure 2 shows that 2017 continues the pattern of relatively consistent monthly totals that has persisted since the dramatic spike in 2015 (caused by the end of Form 18).
Lex Machina is pleased to announce the launch of our module for Product Liability litigation. This launch more than doubles the number of cases in the Lex Machina system, and brings legal analytics to one of the largest practice areas in the U.S. District Courts. Practitioners can analyze the nearly 500,000 cases pending since 2009 to see how judges, parties, or law firms have behaved in litigation. This data can not only help in-house lawyers identify winning outside counsel or help a law firm pitch it’s experience, but can also help lawyers on both sides make better strategic and tactical [...]
This blog post focuses specifically on patent litigation trends; for a broader discussion of other litigation trends in Q3, see our update here. On May 22, 2017, the Supreme Court issued its opinion in T.C. Heartland, holding unanimously that, under 28 U.S.C. § 1400(b) (the statute governing venue in patent suits), a domestic corporation “resides” only in its state of incorporation. Since that landmark decision, patent case filings trends have responded dramatically: the number of cases filed in the Eastern District of Texas has significantly declined and been overtaken by the number of cases filed in the District of Delaware. [...]