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
Lex Machina investigates trends in generic drug litigation from January 1, 2006 to August 1, 2011. Using several basic econometric specifications, the study reviews settlement and other outcomes in ANDA litigation.
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.
In a peer company study, Lex Machina reports on settlement trends for large tech companies, comparing companies' total number of settlements and their likelihood of settlement.