On February 15, 2023, Lex Machina hosted a webcast on the recently released Patent Litigation Report 2023. The webcast featured Robin Davis (Chief Investment Officer of Woodsford), Michael Connelly (President of WIT Legal), Elaine Chow (Lex Machina’s Legal Data Expert in Patent Litigation), and Aria Nejad (Lex Machina’s in-house counsel).
During the webcast, panelists discussed the latest trends in patent litigation over the last three years and offered insights on case filings, most active venues, judges, law firms, parties, timing metrics, case resolutions, findings, damages, and more. The webcast also included a look at case filing trends in connection with federal appellate cases and PTAB cases.
“It’s always very interesting to us when we can know which judge is assigned to a case, because it allows us to use more Lex Machina data to drill down on what their past performance has been,” noted Robin Davis. “In a district such as Delaware, where you’ve got many judges who have handled lots of patent cases, it’s especially useful to be able to look at it on a district-wide basis because you don’t know who a case might be assigned to, but you can still get a sense of the trends in terms of how they like to handle common patent issues such as IPRs and 101 motions.”
“We’re getting to the stage where there’s just more information available and you have to be up on it,” observed Michael Connelly. “ . . . especially when you’ve been in practice for a long time, you carry a lot of assumptions with you that are really not based on anything but your own experience. So we use this to drill down much further for a particular high-volume plaintiff to see, okay, what does their spread look like? Is everything settling? Is everything settling quickly? What are these cases going to progress as? I think especially from an in-house counsel perspective, that’s the kind of key information where you can start to see what the pattern is for a certain person or a pattern in a general space for what you need to budget out.”