ITC Defendants in Patent Assertion Entity Cases (Jan. 2011 – June, 2012)

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.

By |2017-10-09T23:31:17+00:00July 18th, 2012|Reports|

Prior User Rights/Inventorship Study (2011)

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

By |2017-10-09T23:40:28+00:00November 7th, 2011|Reports|

Inequitable Conduct Defense in Patent Litigation (2005-2010)

In a comprehensive study on the inequitable conduct defense, Lex Machina reports on inequitable conduct findings in federal district court patent litigation cases terminated between January 1, 2005 and May 31, 2010. The study covers pleadings, summary judgment, trial, post-trial, and appellate events and analyzes event phase and termination data.

By |2017-10-10T01:37:13+00:00January 15th, 2011|Reports|