On June 3, 2021, Lex Machina hosted a webcast on the recently released Copyright and Trademark Litigation Report 2021. The webcast was moderated by Neil Magenheim, Director of Client Relations at Lex Machina, with guest speakers Doug Panzer, Partner at Caesar Rivise, Patrick Arnold, Shareholder at McAndrews, Held & Malloy, and Rachel Bailey, Legal Data Expert at Lex Machina and the author of the report.

They discussed overarching trends in Copyright and Trademark litigation including:

  • The effect that various filing trends, including file sharing and mass counterfeiting cases, can have on shaping practice areas
  • The most active law firms and parties, including large scale filers
  • The most active districts and judges
  • The influence that case resolutions and findings can have on case strategies
  • The recent trends in damages

“One of the most useful things that I do in terms of judges is to see . . . if I can find a motion that is similar to my motion that I want to bring, that came out the way I want it to come out,” remarked Doug Panzer. “What did the filings look like? Sometimes I’m interested in how long the judge took to get to that motion, but definitely what the underlying filings look like, what was persuasive for the judge. That seems to be pretty easy to find through Lex Machina.”

“I definitely think that’s interesting,” Rachel Bailey added later. “If you’ve got a newer judge, then you want to see their record. And the other thing is that there’s so many mass counterfeiting cases in this district, you can check and see how many of these judges have trademark experience with mass counterfeiting specifically . . . or if they’ve seen something else. You definitely want to check their record.”

Listen to a recording of the webcast or read the transcript.