For a more in-depth consideration of patent litigation trends around the Supreme Court’s landmark T.C. Heartland ruling, see this companion post. 995 patent cases were filed in the third quarter of 2017, a 12.3% decrease from the number of cases filed in last quarter. A drop from the second to third quarter has occurred in each of the past 4 years. Relative to the number of cases filed in 2016 through the third quarter, filings in 2017 are down 8.4%.
Lex Machina is pleased to announce the launch of our offering for Bankruptcy Appeals in District Court. With this launch, practitioners can, for the first time ever, get hard quantitative data on how parties, law firms, and judges perform on bankruptcy appeals. Practitioners, especially bankruptcy court specialists, facing an unfamiliar district judge in an appeal can research the prior experience of the judge, seeing what issues they have encountered in past cases, and whether they’ve upheld the Bankruptcy court on those issues. Companies can find counsel who have a winning record on the issues that matter most, as well [...]
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%.
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. Discrimination cases involve claims under federal statutes that prohibit adverse employment actions against members of a protected [...]
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 around the country, and why no single district has more than 10% of [...]
On Monday, May 22, 2017, the Supreme Court issued a slip opinion in the case TC Heartland LLC v. Kraft Foods Group LLC (Dkt. No. 16-341). The court unanimously* held 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, consistent with its ruling in an earlier case, Fourco Glass Co. v. Transmirra Products Corp., 353 U. S. 222 (1957). The Court rejected arguments that the general venue statute, 28 U.S.C. § 1391(c), which was amended post-Fourco and twice since § 1400, overrode the definition of residence [...]
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 2016. Historically, the first quarter has often been lower than the year’s final average. The dramatic [...]
Patent Litigation District Court In the final quarter of 2016, plaintiffs filed 1,140 patent cases, bringing the total for 2016 to 4,520 patent cases. The fourth quarter represents a slight increase over the third quarter’s 1,126 cases, but overall litigation in 2016 has declined by a moderate 22% from 2015 (when 5,823 cases were filed). Month by month, 2016 has been relatively consistent compared to the dramatic spike in 2015 caused by the end of Form 18. Fig. 1: Patent cases filed, 2011 - 2016, by quarter Fig. 2: Patent cases filed, 2011-2016, by year Fig. 3: Patent cases filed, [...]