Lex Machina announces the release of its Antitrust Litigation Report. In analyzing over 9,000 Antitrust cases included in Lex Machina’s database, practitioners can gain new information and plan their litigation strategy accordingly. Antitrust litigation is a complex and unique area of law and this analytical review showcases customized insights that supplement traditional research and accumulated experience. Highlights include: For antitrust cases terminating between 2016 and 2018, the median time to reach summary judgement was 2.5 years, and time to trial was three years. In Contested DOJ/FTC Enforcement cases, the median time to termination was only 127 days. Judge Cynthia M. Rufe (E.D.Pa.) and Judge Marianne O. Battani (E.D.Mich.) oversaw the most antitrust cases filed between 2016 and 2018 (249 cases and 139 cases respectively). The top plaintiff in Antitrust cases filed between 2016 and 2018 was FWK Holdings, LLC. FWK Holdings, LLC is a predecessor in interest for a now defunct pharmaceutical wholesaler claiming injury based on anticompetitive behavior by generic drug manufacturers. In 2018, federal courts approved over $3.6 billion in class action settlement damages. They also awarded over $515 million in antitrust violation damages and over $117 million in enhanced damages. Nearly $4.3 billion total damages were awarded [...]
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 including top jury awards. It also includes PTAB filings, trends in instituted and final written decisions, and top PTAB law firms. Highlights include: As an effect of T.C. Heartland, the Eastern District of Texas is no longer the top venue for patent litigation. It has moved to second place behind the District of Delaware. Juul Labs, along with one of their claim defendants, The Electric Tobacconist, LLC, joined the most active parties list in 2018 and are members of the nicotine vaping industry. In 2018, PTAB saw the fewest institution decisions since 2014 and the fewest overall trials terminated since [...]
Lex Machina is proud to announce our third annual Patent Litigation Year in Review. This blog post looks closely at some of the key case filing and jurisdictional figures included in the report. For a complete copy of the report, please click here. Fig. 1: New cases filed, 2007-2015, by year In 2015, 5,819 patent cases were filed - a 15% rise from 2014. However, the 2015 total does not exceed the record year of 2013 when 6,113 patent cases were filed. Fig. 2: New cases filed, 2007-2015, by month Cases were filed unevenly throughout the 2015. The hottest month was November, when 845 new cases were filed - a new record month. In particular, there was a spike in case filings on November 30, 2015, corresponding to a rule change that eliminates Form 18, the form often used to plead direct infringement claims in patent cases. On that day, 259 patent cases were filed - a single-day record. However, December was unusually low - per month case filings have not dropped below 300 since mid-2011. Fig. 3: New cases in 2015, by district The Eastern District of Texas continues to lead the nation by number of new [...]
Lex Machina is pleased to announce the publication today of the first-ever comprehensive study of U.S. copyright litigation. The Lex Machina Copyright Litigation Report breaks down the thousands of copyright cases filed in the last 5 years to showcase how this data can be used to inform litigation strategy: from detailed analysis of different judicial districts useful to forum planning, to timing data on trial and injunctions that can drastically improve budgeting, as well as top parties and firms for firm marketing and outside counsel selection. This post provides a sneak-peek at one of the most significant findings of the report: the rise of mass litigation against Doe defendants for file sharing. As anyone who has ever done legal research knows, a good search eliminates noise leaving one to focus on the relevant portion of the results. When it comes to copyright litigation, Lex Machina’s platform makes this easy: our automated processes separate copyright litigation by identifying anonymous internet file sharing allegations and tagging those cases, allowing users to easily include or exclude them with a single click. As the figures below show, file sharing cases comprise a significant and increasing proportion of the copyright cases filed over the last 4 [...]
Lex Machina releases Hatch-Waxman / ANDA Litigation Report Featuring breakdowns of the top jurisdictions and judges, a comparison of ANDA case filings and outcomes with data from non-ANDA patent cases, breakthrough findings on patent age and expiration, as well as other charts and figures drawn from Lex Machina's patent litigation database featuring integrated Orange Book data. Click here to sign up to receive the report. Excerpted charts from the report: Figure 7: Total patent cases filed by year Figure 13: Word cloud of trade names, sized by number of cases and colored by number of asserted patents (omitting tradenames with less than 3 cases)
The world of U.S. patent litigation has changed dramatically in the last five years: total patent cases filed in district courts have more than doubled since 2008, the American Invents Act was passed in 2011 and took effect in 2012, and cases such as Apple-Samsung have captured headlines with eye-popping damages awards for patent infringement in widely used products. This report draws on Lex Machina’s unique and rich Legal Analytics data on U.S. District Courts and judges, law firms, parties, patents, case merits decisions, damages awards, and International Trade Commission (ITC) investigations and Administrative Law Judges (ALJs). Get the Full Report
INTELLECTUAL PROPERTY: Assessing Factors That Affect Patent Infringement Litigation Could Help Improve Patent Quality.
In 2011 Congress directed the Government Accountability Office (GAO) to study the effects of non-practicing entities (NPEs) on patent litigation. The GAO turned to Lex Machina’s extensive data set on patent cases to carry out the study and to illuminate the role that these NPEs have played over the last five years. Relying on Lex Machina’s data, the GAO’s analysis of a representative sample of 500 lawsuits from 2007 to 2011 concluded that the number of overall defendants in patent infringement lawsuits increased by about 129 percent over this period. Although only responsible for about a fifth of patent cases over the same period, NPEs, the report concluded, accounted for about half of the overall increase in defendants. Moreover, lawsuits involving software-related patents accounted for about 89 percent of the increase in defendants over this period. The increase in NPE litigation was especially marked in certain jurisdictions with heavy patent litigation, like the Eastern District of Texas. Download_Report
Lex Machina worked with Santa Clara University Law School Professor Colleen Chien to identify the home state of all defendants in International Trade Commission cases from January 2011 through June 2012. This map was presented to Congress by Professor Chien in her testimony regarding The International Trade Commission and Patent Disputes, given to the House Committee on the Judiciary on July 18, 2012.
Cited in Newsweek, The Wall Street Journal, The Economist, and other foreign press, Lex Machina uncovers all district court cases filed from 2006 through 2011 against mobile handset manufacturers in which a mobile handset was the accused product.
Congress has essentially asked the U.S. Patent and Trademark Office an impossible question: What would happen if prior user rights were implemented in the United States? More concretely, it has asked as to the impact of this defense on innovation, and as to non-U.S. implementations of prior user rights. But problems exist with both approaches. Future innovation rates are hard to predict. Foreign data may be hard to gather comprehensively. Moreover, the application of prior user rights in exogenous procedural environments (i.e., foreign courts) may be misleading. A better approach is to comprehensively gather empirical data on U.S. doctrinal analogues, including prior inventorship rights. This project was conceived by Professor Mark Lemley; and commissioned and financed by the Coalition for Patent Fairness (“CPF”). Lex Machina, Inc. conducted an empirical study investigating the empirical incidence of litigation merits determinations surrounding 35 U.S.C. §102(g)(2), which the Leahy-Smith America Invents Act (the “Act”) replaces, in part, with the prior user rights defense. Id. The CPF took no part in data analysis. Download Study