In The News
Promoting Data Competency in Law Firms
On Firmer Ground, November 18, 2019
When we consider just how central data and technology are to the legal profession, it becomes increasingly imperative to distinguish between data literacy and data competency.
New Suit Against Discover Highlights Lingering Robocalling Risk
American Banker, October 31, 2019
In 2018, plaintiffs filed more than 3,400 federal lawsuits over robocalls, according to a recent report by Lex Machina, which is part of LexisNexis. Discover Financial Services is the latest financial service companies to get hit in an onslaught of litigation over unwanted robocalls to consumers.
Lex Machina: Consumer Class Actions Nearly Tripled in the Past Decade
Property Casualty 360, October 24, 2019
The number of consumer protection class actions has nearly tripled in the past decade, with cases over data privacy and unwanted text messages behind the increase, according to a report compiled by Lex Machina.
The Firms That Filed The Most Patent Suits In Q3
Law360, October 24, 2019
Plaintiffs’ firms involved in patent litigation were less busy in the third quarter of 2019, with the number of total filings dropping about 15% compared to the second quarter, but several new faces joined the ranks of the firms filing the most patent suits, knocking some familiar players down the list.
The Cost of Contractual Perfidy with Intellectual Property
Forbes, October 15, 2019
Trade secret lawsuits increased more than 30% from 2016 to 2017, according to a 2018 report by the legal analytics firm Lex Machina. The stakes are high: The Lex Machina report found that trade-secret plaintiffs that can get their case all the way to trial had an almost 72% success rate from 2009 through 2018.
Lex Machina: Delivering the True Promise of Legal Analytics
CIO Applications, October 7, 2019
The company’s analytics solution for the legal sector is equivalent to a search engine that not only collects and indexes the humongous amounts of litigation data, but also harbors purpose-built apps that offer powerful insights about judges, lawyers, parties, and the subjects of the cases.
Louisiana Not So Busy in Employment Lawsuits, But Attorneys Can Learn From Recent Report, Litigation Data Expert Says
Louisiana Record, August 30, 2019
A California-based legal analytics provider has found that about one-third of all employment-related lawsuits filed in federal court over a 10-year period were bought in the Southeast.
Southeastern U.S. Employment Lawsuits Over Past Decade ‘Overwhelmingly Favor Employers,’ Report Says
Legal Newsline, August 30, 2019
Plaintiffs in the Southeast filed more than 68,000 employment cases in the past decade, which pencils out to more than 6,000 per year, Lex Machina, based in Menlo Park, California, said in its 2019 report “Employment Litigation in the Southeast.”
Lex Machina Launches New Consumer Protection Module Offers Webinar Today
Dewey B Strategic, August 27, 2019
Lex Machina is announcing the launch of the Consumer Protection Litigation analytics module covering nearly 145,000 cases, including more than 26,000 class action lawsuits, pending in federal district court since 2009. This is the 15th topical module added to the Lex Machina platform.
Lex Machina Releases Report on Employment Litigation in the Southeast – Texas Second in Damages Awarded
SE Texas Record, August 27, 2019
According to a report recently released by Lex Machina the Southern District of Florida had the most case filings, and nearly 75 percent of those included a Fair Labor Standards Act cause of action. The Southern District of Florida was followed by the Middle District of Florida and the Southern District of Texas.
First Annual Lex Machina ERISA Litigation Report Released
Legal Reader, August 23, 2019
Earlier this year, Lex Machina, a LexisNexis company, released its first ERISA Litigation Report, which highlights data-driven trends and insights from more than 86,000 cases concerning disputes over the administration of employee benefits plans protected by The Employee Retirement Income Security Act (ERISA) of 1974.
Employers Far Outpacing Workers In Pretrial Wins
Law360, August 21, 2019
Lex Machina found defendants in federal employment suits in the Southeast won their cases via summary judgment more than 1,500 times between 2016 and 2018 compared with just 60 such wins for plaintiffs, who in employment cases are generally workers. The firm tracked similar numbers in the Midwest, noting more than 800 summary judgment wins for defendants and just over 30 for plaintiffs over this period.
To Mark Or Not To Mark: Mitigating Trade Secret Theft Risk
Law360, August 21, 2019
With the federal Defend Trade Secret Act now being over 2 years old, Lex Machina Inc.’s finding that trade secret cases have increased 30% since 2016, and trade secret cases being highlighted in the news across industries, from the recent verdict against technology company Huawei Technologies Co. Ltd. to a startup company obtaining a $91 million verdict against L’Oreal USA Inc.
5 Florida Plaintiffs Firms Are Most Active in Employment Law Across Southeast
Law.com, August 20, 2019
Morgan & Morgan is the busiest plaintiffs law firm and Ogletree Deakins Nash Smoak & Stewart is the most active on the defense side in employment litigation in Florida, Georgia and Texas, a new report found.
10 Busiest Employment Litigation Firms in Florida, Texas, Georgia
Texas Lawyer, August 20, 2019
“At the end of the day, I think legal analytics answers more strategy questions,” said Rachel Bailey, a legal data expert at Lex Machina.
Who Wrote ‘Stairway to Heaven’? Music Industry Braces for Copyright Suits
Wall Street Journal, August 4, 2019
In deciding last week that Katy Perry’s 2013 hit “Dark Horse” copied an 11-year-old Christian rap song, a federal jury in Los Angeles contributed to what music executives worry is a growing trend: infringement cases that claim some of the industry’s most popular songs are rip-offs.
Excerpts from webcast: How to Gain a Competitive Edge in Environmental Law with Legal Analytics
Law.com, July 22, 2019
In this episode of the Expert Perspectives podcast, sponsored by Lex Machina and hosted on Law.com, we’ll hear highlights from the June 11th presentation titled, How to Gain a Competitive Edge in Environmental Law with Legal Analytics.
DOJ’s New Enviro Cases Down Nearly A Third, Report Says
Law360, July 18, 2019
The U.S. Department of Justice has filed a steadily decreasing number of environmental lawsuits in federal district court since 2010, while green groups have picked up some of the slack and law firms are busier than ever, according to a new litigation report.
Deepwater Horizon Most Litigated Environmental Issue of Past Decade, Report Finds
The Hill, July 16, 2019
The Deepwater Horizon oil spill proved to be one of the most litigious environmental events in the past decade, according to an analysis of cases released by Lex Machina on Tuesday.
Lex Machina Launches Federal Environmental Litigation Module
Legal Reader, July 16, 2019
The module provides detailed data and analytics on over 14,700 environmental cases pending in federal district court since 2009, including thousands of multi-district litigation cases involving the Deepwater Horizon oil spill.
Lex Machina Launches Environmental Analytics Product: Hosting Webcast June 11th
Dewey B. Strategic, June 11, 2019
Today Lex Machina a LexisNexis product, is launching an Environmental Analytics module which provides insights on nearly 14,700 environmental cases pending in federal court since 2009. This is the fourteenth module in the Lex Machina suite of products.
How to Use Legal Data Analytics in Insurance Litigation
PropertyCasualty360, June 7, 2019
As the use of data has become more prevalent in many industries, insurers have also expanded the collection and use of data into many other areas of their business like fraud detection and marketing. But what happens when a disputed claim becomes a legal matter? How can insurers apply those same kinds of analytics to understand their legal exposure and improve their chances of succeeding in court?
Litigation Analytics: Not Just For Defense Firms Anymore
TechLaw Crossroads, June 5, 2019
It has occurred to me that litigation data analytics would be particularly appealing to contingency fee lawyers since it would enable them to better assess exposure and likely results and the time needed to get to an end resolution. I recently had a chance to talk with Owen Byrd, Chief Evangelist and General Counsel of the data analytics company Lex Machina, about this issue.
Falling Filings Still Yield $1.8 Billion Damages
Global Legal Post, June 2, 2019
Lex Machina, a LexisNexis company, has released its first ERISA Litigation Report which reveals that the number of ERISA case filings declined from nearly 9,000 cases to about 6,600 cases from 2010 to 2018, a 26 per cent drop.
Ogletree Handles Most ERISA Cases, New Report Shows
Law 360, May 29, 2019
Lex Machina’s ERISA Litigation Report, released Thursday, details how the practice area has fared from 2016 to 2018, including a tally of damages in ERISA suits, a list of most active law firms and a breakdown of remedies awarded to workers in these cases.
Celebrity Adventures In Legal Analytics: Elon Musk Edition
Above the Law, May 23, 2019
Tesla’s CEO Elon Musk has been embroiled in securities and contracts-related litigation for years. Armed with analytics provided by Lex Machina’s latest litigation module you will be able to learn important details about case timing, resolutions, findings, damages, and remedies.
Analytics Insight Magazine Names ‘The 10 Most Influential Artificial Intelligence Executives’ in 2019′
Industry Wired, May 23, 2019
The magazine issue recognizes 10 Artificial Intelligence (AI) executives who have been leading businesses, engaging in more forward-looking ways of thinking, and redesigning solutions powered by AI capabilities to disrupt businesses globally.
Analyzing Data Helps Attys Pick Counsel, Predict Costs
Law360, May 16, 2019
Data analytics can assist top legal decision makers in choosing the best outside counsel and more accurately predicting how long a matter may take, its cost and its chances for success, the general counsel of software company Lex Machina said Thursday.
Karl Harris: An Industry Innovator Transforming the Legal Landscape with Data-driven Insights
Analytics Insight, May 2019
AI has made it possible, that an entire profession, as conservative as the law, is changing the way they work. In the past, top lawyers would act on anecdata – stories they collected over their years of experience. Now, the same top lawyers are getting used to making data-driven decisions, which enables them to achieve better outcomes for their clients, but also for their own firm or department.
Essential Insights Into Contracts Litigation: A Must-Read Report
Above The Law, May 9, 2019
As a litigator who deals with contracts-related claims, you need to counsel your client towards a win, whether it be through settlement or trial. There’s now a legal analytics tool that contracts litigators can use that will give them a leg up over the competition so that winning is a more likely possibility.
Contracts Litigation Report a Key Advance to Understanding Trends and Plotting Strategy in Federal Contract Claims
JDSupra, May 8, 2019
Lex Machina has released its first Contracts Litigation report, having amassed the most comprehensive and accurate dataset available for analyzing contracts litigation in U.S. federal courts.
2 Law Firms Lead The Pack In Contracts Litigation
Law360, May 7, 2019
Two firms stood out as top players in contracts litigation over the past three years, as a decadelong decline of case filings shows signs of abating, according to a report released Tuesday. The report found that the rate of decline slowed in 2017, and in the case of franchise case filings specifically, even began to climb in 2018.
Federal Contract Filings are on a Decadelong Decline, New Report Finds
ABA Journal, May 7, 2019
Released Tuesday, the Contracts Litigation Report analyzed 146,000 federal district court contracts cases between 2009 and 2018.
Daily Dicta: Breach of Contract Litigation Is Way Down—but Greenberg Traurig Stays Strong
Law.com, May 7, 2019
There may not be a lot of glory in litigating contractual disputes, but it’s bread-and-butter work for many litigators. And the pickings are getting slim.
Legal Analytics: A Franchise Lawyer’s Most Important Tool
Above The Law, May 3, 2019
Franchise lawyers can use analytics to plan better in a legal landscape that is more competitive than ever. Franchisors and their counsel can learn more about the vast data that can inform all aspects of a case, from budgeting to trial strategy, to gain a competitive advantage and implement winning strategies in any federal jurisdiction and with any judge.
Not All Legal Analytics Tools Are Created Equal
LawSites, May 1, 2019
Some legal analytics solutions can produce inaccurate or misleading information, sometimes sending lawyers down the wrong path altogether. Access to a solution with a “legal analytics” label is not a guarantee of good, or even satisfactory, results.
Legal Analytics for Antitrust Litigation: Sizing Up the Antitrust Landscape
The Antitrust Attorney Blog, April 25, 2019
While there are a variety of analytics purveyors in the legal space, one vendor recently released a report specifically on antitrust litigation. Lex Machina, a LexisNexis company, crawls PACER data and cleans and structures it to help users gain insights – and strategic advantage – in federal antitrust litigation.
Dr. Carla Rydholm on the Value of Legal Data Analytics
3 Geeks and a Law Blog, April 12, 2019
Not many people can make the transition from Ph.D. in Genetics and Genomics, and then to the legal analytics field, but Dr. Carla Rydholm is someone who did just that. For nearly the past decade, Dr. Rydholm has been leading the charge of data analytics at Lex Machina.
Lex Machina – Changing the Game in Insurance Litigation
Insurance CIO Outlook, April 9, 2019
While most conventional legal research methods stop at data extraction, Lex Machina brings the power of accurate, insightful information to a litigations space that was long yearning for analytics.
Insights Into Insurance Litigation: An Interview With Ron Porter Of Lex Machina
Above The Law, April 8, 2018
Legal analytics have come to the world of insurance litigation. We spoke with Ron Porter, a Legal Data Expert in Product Liability at Lex Machina, about highlights from their 2018 Insurance Litigation Report.
Report: Antitrust Litigation Trends and Insights 2019
JDSupra, April 3, 2019
Antitrust litigation is a complex and unique area of law and this analytical review of over 9,000 cases included in Lex Machina’s database showcases customized insights that supplement traditional research and accumulated experience.
Court Rulings Take Toll On Private Antitrust Plaintiffs
Law360, April 3, 2019
Private plaintiffs have a better than 50-50 chance of winning antitrust cases that make it to trial, according to a new report from Lex Machina, but getting there is a trial in itself due to court rulings making it harder to win class certification and fend off dismissal motions and summary judgments.
Why Manufacturers Must Learn How to Keep Secrets
Manufacturing.net, March 27, 2019
It’s no secret that trade secrets are a critical component of manufacturers’ operations. Keeping these pieces of valuable proprietary information within company walls is crucial to protecting a competitive advantage.
Will Robot Lawyers Take Our Jobs?
Dmagazine, March 2019
No, but they might make us better attorneys. AI is rapidly spreading from the business arena to the legal sphere. A LexisNexis survey recently revealed that only 20 to 25 percent of legal departments use AI in at least one area, compared to the 40 percent in finance and 54 percent in HR that other studies have documented.
How Can You Access Litigation Funding? A Primer
Above The Law, March 22, 2019
Litigation finance is transforming the fields of both law and finance. Anyone who follows either area needs to understand how litigation funding works, its pros and cons, and its past, present, and future.
Trade Secrets Litigation Could Spur a Trend as Harmful as Patent Trolling
SE Texas Record, March 21, 2019
In the two years since Congress overhauled trade secret laws, a spike of court filings and a record-setting judgement could signal the opening of a new frontier in misusing intellectual property law reminiscent of patent trolling which has become a drag on economic growth.
How Data Analysis Is Disrupting the Legal Industry
Bigger Law Firm, March 20, 2019
Data analysis is rapidly taking hold in many industries as a way to make more objective measurements and gain valuable insight into the true nature of human-driven systems. Like the hard sciences, legal data analysis has been possible for as long as law has been practiced. Modern technology simply makes it more practical.
U.S. Patent Litigation Awards are Highest Since 2014; Two Cases Accounted for 64% of the Total Damages; Half Were Under $10M
IP CloseUp, February 19, 2019
1.4 billion dollars was awarded last year in patent damages, the most since 2014. Two cases were responsible for about two-thirds of that amount or $900 million, according the Lex Machina 2018 Litigation Report, leaving less than $500 million among 16 cases.
Lex Machina’s Annual Patent Litigation Report: Decline in Case Filings
Legal Reader, February 19, 2019
Lex Machina, a LexisNexis company and creator of the award-winning Legal Analytics platform, released its sixth annual Patent Litigation Report at the end of January – its most comprehensive report on patent litigation trends to date.
As the Climate for U.S. Patents Turns Brighter, Now is the Right Time to Invest in These Assets
IP Watchdog, February 7, 2019
After 12 years of doom and gloom for U.S. patents, the pendulum will swing back, leading to increased value. Like the age-old stock market rule says: buy low, sell high. This motto applies in the patent world as well.
Big Data: Legal Firms Play ‘Moneyball’
Financial Times, February 6, 2019
Is the hunt for data-driven justice a gimmick or a powerful tool to give lawyers an advantage and predict court outcomes? In an office above a nail bar in the Silicon Valley town of Menlo Park, the legal data business Lex Machina amasses as many rulings from US courts as it can get its hands on.
AI Goes to Court: A Conversation With Lex Machina and Dorsey & Whitney (Part 2)
JD Supra, February 5, 2019
Continuing my interview with Owen Byrd of Lex Machina and Caroline Sweeney of Dorsey, I asked them a couple of further follow-up questions on how artificial intelligence (“AI”) has the potential to rapidly change civil litigation.
3 Things The 2018 Patent Litigation Statistics Show Us
Above The Law, February 5, 2019
The recent release of the 2018 Lex Machina Patent Litigation Year In Review report once again provides a treasure trove of useful information for IP owners, defendants, and the patent attorneys who advise them. As I have said before, reports like the one just released by Lex Machina are an important contribution to the IP community and it behooves IP lawyers to read and consider them.
Be Careful What You Ask For: Unjust Enrichment In Trade Secret Misappropriation
JD Supra, February 5, 2019
According to Lex Machina’s 2018 Trade Secret Litigation Report, the number of trade secret cases pursued in U.S. federal courts has increased rapidly since the 2016 enactment of the Defend Trade Secrets Act (DTSA), which granted federal court subject matter jurisdiction over claims raised under the Act.
How Patent Litigation Changed In 2018
Law360, January 31, 2019
The number of new patent case filings continued to drop in federal district courts, according to a new year-in-review report from Lex Machina. Fewer petitions were filed in the Patent Trial and Appeals Board. District courts saw fewer injunction requests.
Delaware Outstrips Texas As Top Patent Hotspot Of 2018
Law360, January 31, 2019
According to a new year-in-review report from Lex Machina, the high court’s 2017 decision in TC Heartland LLC v. Kraft Foods Group Brands LLC seems to have driven up the number of suits filed in Delaware, from 454 patent cases in 2016 to 878 in 2018, while filings in the Eastern District of Texas plunged from 1,665 in 2016 to 505 in 2018.
Patent Injunctions Drop Sharply In 2018
Law360, January 31, 2019
The number of injunctions being sought and issued in patent cases dipped in 2018 compared to recent years, a trend attorneys say may be linked to factors including a lower number of patent suit filings and case law that has helped accused infringers argue an injunction is not warranted.
These Firms Scored The Most Patent Work In 2018
Law360, January 31, 2019
Firms with offices in Delaware filed the most patent lawsuits in 2018, with that state seeing an influx of cases after a blockbuster U.S. Supreme Court ruling, while a pair of IP boutiques topped the list of firms fielding a high volume of work at the Patent Trial and Appeal Board.
How Legaltech Can Help You Compete Against Larger Firms
The Law Society, January 31, 2019
The ubiquity of internet-connected smartphones and free access to Wikipedia has brought encylopaedic knowledge to the masses in their homes, whereas before it was only available to those who frequented libraries or had the financial resources, The same applies to technological developments across all sectors, including law: although the first to benefit are those with deep wallets, in time, those benefits tend to spread across the board.
PTAB Trends: More Orange Book Patents Are Surviving the ‘Death Squad’
IPWatchdog, January 23, 2019
“[I]t appears that the pendulum is swinging back in favor of Orange Book patent owners. The number of petitions challenging these patents has slowed since the high rates seen in the 2015 and 2016 fiscal years. The rate of institution denials of Orange Book patents has risen considerably…”
The Rise of Next Generation CI
Thomson Reuters, January 22, 2019
The results are in: law firms with highly effective competitive intelligence (CI) functions perform better, over time than their peers, according to a study jointly produced by Acritas and The Tilt Institute. Not only do the firms with top ratings enjoy faster revenue increases, their profitability — by virtually any measure — grew up to 53% more than peers with less effective CI functions.
AI Goes to Court: A Conversation With Lex Machina and Dorsey & Whitney
JDSupra, January 16, 2019
Two months ago, I participated in a fascinating panel at Dorsey’s 30th Annual Corporate Counsel Symposium in Minneapolis, entitled “The Times, They Are A-Changin’: AI Goes to Court.” We examined how artificial intelligence (“AI”) has the potential to rapidly change civil litigation and help clients achieve better results when facing risks in the court system.
The Benefits of the LexisNexis LegalTech Accelerator
Artificial Lawyer, January 16, 2019
First, what does this accelerator provide? In short, LexisNexis provides a raft of support ranging from access to their gigantic legal data store, to technical advice from luminaries such as Josh Becker, the cofounder of legal AI company Lex Machina (which is now part of LexisNexis), to advice on practical matters such as sales and marketing.
Crowell & Moring’s Litigation Forecast 2019
Crowell & Moring, January 9, 2019
How technology is finding its way into litigation case strategy: what to expect, how to evaluate the impact, and how several legal departments—at Cisco, Humana, and United Airlines—are already putting it to use. Today, technology is not only streamlining legal operations, it’s also finding its way into litigation case strategy— a move that will reshape the traditional formulas for courtroom success in the coming years.
Driving Analytics Into Practice: Advice from the Data Driven Lawyers
Dewey B Strategic, December 20, 2018
Last week Lex Machina hosted a panel discussion on the value of analytics in the practice of law. Readers who have met resistance from lawyers when they tried to introduce analytics products in their firms will find some insights to justify exploration of analytics products in their firms.
Pushback Derails Company That Thrived on Patent Lawsuits
The Wall Street Journal, December 16, 2018
Shipping & Transit LLC sued more than 100 mostly small companies in 2016, making it the largest filer of patent lawsuits that year. But when the Florida company recently declared bankruptcy, it valued its U.S. patents at just $1.
Lex Machina Adds Contract Litigation Analytics Rebrands Commercial Module
Dewey B Strategic, December 5, 2018
Yesterday Lex Machina announced the launch of a newly expanded Contracts Litigation module which includes 45,000 new cases, which resulted in the awarding of $4 billion in damages. The module offers the standard Lex Machina insights into case timing, resolutions, findings, damages, and remedies, as well as insights into on opposing counsel, law firms, parties, judges, venues and other data that can inform litigation strategy or a pitch meeting.
Lex Machina and Law360 Announce Data Driven Lawyer Awards
LexBlog, December 5, 2018
Law360 and Lex Machina (both owned by LexisNexis) have created a new award recognizing lawyers “who are using data and analytics to dream up new ways to meet the challenges of their practice” Law 360 will be running a series of articles in which the award winners are interviewed.
Legal Analytics Tools Are Not Created Equal
Law Technology Today, December 4, 2018
While the benefits of legal analytics are clear, the capabilities of specific analytics solutions may not be. To put it bluntly, just because you have an “analytics” solution in your toolbox does not guarantee the results will be helpful.
The Data-Driven Lawyers Of 2018
Law 360, December 2, 2018
Big Data. Statistical Analysis. Insights. Innovation. These data-driven lawyers are making their mark on the legal industry and developing systems and practices that will change the way law is practiced in the 21st century.
ERISA Litigation Landscape Mapped by LexisNexis
PlanSponsor, November 14, 2018
Lex Machina, a LexisNexis company, announced the latest expansion of its legal analytics platform, featuring the addition of Employee Retirement Income Security Act (ERISA) litigation cases. The firm offered PLANSPONSOR a sneak peek at some of the first findings generated by the ERISA analytics platform.
Lex Machina Expands Its Employment Litigation Analytics with an ERISA Module
Law Sites, November 14, 2018
I’ve noted in a number of posts here Lex Machina’s continuing expansion of its legal analytics into new practice areas, particularly since its acquisition by LexisNexis in 2015. Today Lex Machina is announcing a new module that adds ERISA litigation cases. The module encompasses nearly 83,000 cases filed in federal district court pending since 2009.
Algorithms Tame Ambiguities in Use of Legal Data
Financial Times, November 14, 2018
When a machine is analysing a legal document, every word counts. For example, the insertion of “not” — just a three-letter word — changes the entire meaning of a contract’s clause. But while teaching machines to assess legal data is not easy, the benefits of doing so — from increased efficiency to better risk management — have spurred efforts to train computers to become more sophisticated in how they interpret the written word.
Legal Claims Soar Against Homeowner Insurers
P&C Specialist, October 15, 2018
Lex Machina last week released its Insurance Litigation Report, a new publication that it intends to release annually. Among the findings: cases involving homeowner insurance claims “fluctuated widely” over that time period, with large spikes in the wake of storms like Hurricane Ike in 2008 and Hurricane Sandy in 2012, according to the report.
Insurance Litigation Balloons in Insurer-friendly Federal Courts, Report Finds
Property Casualty 360, October 12, 2018
The Insurance Litigation Report released by Lex Machina Tuesday sifted data from more than 93,000 insurance cases filed between 2009 and 2017. It reveals a large jump in automobile and uninsured/underinsured motorist claims, which rose by 39% and 50%, respectively.
Law Firms’ Fightback: Financial Services
Financial Times, October 4, 2018
The emergence of two phenomena has left law firms in a state of existential angst. First, there is the rise of artificial intelligence-based services, such as data-miner Lex Machina, helping companies win cases and close deals. Second, consultancies such as Deloitte have been launching legal management consulting arms.
Legal Analytics: ‘Must-Have’ Tool Assists Carriers in Data-Driven Legal Decisions and Success in Litigation
Insurance Advocate, September 24, 2018
Until recently, insurance litigation relied heavily on legal research, anecdotal data shared among practitioners and the expertise of seasoned lawyers in order to prepare for and win cases. But while legal research can tell you what legal principles apply in a particular case, it does not give you the whole picture of how the principles were applied. Legal analytics takes a completely different approach.
NY Law Firms Benefit From Rise in Securities Lawsuits Over Cryptocurrencies
New York Law Journal, September 12, 2018
Securities lawsuits filed over either cryptocurrencies or bitcoin have tripled so far this year as U.S. Securities and Exchange Commission chairman Jay Clayton announced a crackdown on that industry, according to a new report by legal analytics firm Lex Machina.
Securities Litigation Hits All-Time High
401k Specialist, September 11, 2018
We thought securities litigation would correlate to a bear market—we were wrong. Lex Machina is out with its “2018 Securities Litigation Report,” which, for comparison’s sake, it broke out by the pre and current Jay Clayton era as chairman of the SEC.
Skadden, Levi & Korsinsky Named Busiest Securities Firms
Law 360, September 11, 2018
Between January 2017 and June 30, Levi & Korsinsky filed 266 federal securities lawsuits, unseating Robbins Geller Rudman & Dowd LLP as the top law firm for shareholders, according to Lex Machina’s second annual Securities Litigation Report.
There’s Been a Rise in Securities Lawsuits Over Cryptocurrencies, and SEC Cases Are Behind It
National Law Journal, September 11, 2018
A Lex Machina report found that securities lawsuits filed over cryptocurrencies or bitcoin have tripled so far this year as SEC chairman Jay Clayton announced a crackdown on that industry.
Securities Cases Involving Cryptocurreny Rising – Lex Machina Report
BlockTribune, September 11, 2018
Lex Machina, a LexisNexis company and creator of the Legal Analytics® platform, has released its 2018 Securities Litigation Report. The document showcases the recent trends and insights from its database of over 15,000 securities cases litigated in federal district court since 2009.
Forging a Global Disputes Practice for the Digital Age
Lexology, September 10, 2018
A review of The Lawyer Global Litigation Top 50 2018 report reveals that digital technology is driving change in the world’s largest litigation practices. With the exception of e-disclosure platforms, most of the technology is relatively new and evolving, so the challenge for firms is choosing which solutions to back.
Lex Machina Launches Legal Analytics Module for Insurance Litigators
Insurance Innovation Reporter, August 8, 2018
The Insurance Litigation module provides data-driven insights and trends to help litigators successfully prepare case strategies, and counsel their clients, according to the vendor. It covers a broad spectrum of policy types, including homeowners, automobile, life, commercial liability, and more.
Lex Machina Extends Its Analytics To Insurance Litigation
Law Sites, August 7, 2018
The legal analytics platform Lex Machina, which is owned by LexisNexis, has been steadily expanding its coverage into new practice areas, and today has added insurance litigation. Insurance cases make up the third-largest case set on the Lex Machina platform, with court-awarded damages totaling nearly $2.8 billion.
Lex Machina Adds Insurance Litigation to Analysis Platform
Artificial Lawyer, August 7, 2018
Legal AI litigation research pioneer Lex Machina, which is now a LexisNexis company, has today announced a major new expansion that provides analysis of insurance litigation. The new module encompasses more than 92,200 cases pending in federal court since 2009.
A Look at Federal Trade Secrets Lawsuits in NC Since 2009
Triangle Business Journal, July 30, 2018
A rising tide in trade secrets litigation is continuing in the Triangle and beyond, largely due to a competitive hiring environment, advances in technology and – perhaps most importantly – a new federal law in 2016 called the Defend Trade Secrets Act.
Reports Shows Significant Increase in Trade Secret Litigation Since Passage of DTSA
IP Watchdog, July 27, 2018
On Wednesday, July 18th, legal data analytics firm Lex Machina announced the release of its first ever Trade Secret Litigation Report. The report encapsulates data sets and trend highlights occurring over a nine-year period from more than 9,800 cases brought under state trade secret laws and the federal Defend Trade Secrets Act (DTSA) of 2016.
Review: Traditional Legal Research May Not Be Enough, You Need To Incorporate Analytics
LegalTech News, July 25, 2018
As a litigator, you actually have to analyze a lot of data such as: What’s the best court to file in? How has the judge ruled on similar matters? How many times has opposing counsel appeared before this judge? What if there was a service that could mine all that information for you and answer your specific questions? How powerful would that be for your practice? Welcome to the world of “legal analytics”.
Finding Treasure With Litigation Data Analytics Software
ABA Journal, July 24, 2018
There is a treasure trove of litigation data that for years was virtually inaccessible.
In 2018, that’s no longer the case. The recent maturation of the foundational technologies needed to support machine learning have made advanced data analytics and sophisticated language processing possible on a scale never before seen.
Trade Secret Litigation Report Reveals 30 Per Cent Rise
Global Legal Post, July 23, 2018
A hot topic among litigators, trade secret law has had a raised profile since the passage of the DTSA and high-profile cases at tech companies like Apple, Uber and Google. Practitioners want to find out more about litigation strategy in these cases, and the report was published to shed light on a range of data.
New Study Offers Deeper Look Into Growing Trade Secret Litigation
Corporate Counsel, July 19, 2018
Trade secret litigation has been heating up lately (think Fitbit Inc. or Uber Technologies Inc.), so it’s perfect timing for legal analytics company Lex Machina to release its first-ever Trade Secret Litigation Report that analyzes over 9,800 cases brought from 2009 through 2017 under state and federal laws.
Law Firms Climb Aboard the AI Wagon
The Economist, July 12, 2018
Machine learning can also help prepare for trial. It speeds up discovery, and assists lawyers in drawing up a litigating strategy. Lex Machina, a Silicon Valley startup now owned by Lexis Nexis, a legal-information provider, uses court documents from previous cases to make predictions about a particular case, such as its time to trial, its likelihood of success in various jurisdictions, and the damages it could win.
LexisNexis Launches Lexis Analytics, Leveraging Collective Power of Recent Acquisitions
LegalTech News, July 12, 2018
Over the past few years, LexisNexis has been on a buying spree. In 2015, the company bought Lex Machina, followed by a September 2016 purchase of startup Intelligize, an analytics platform that leveraged Securities and Exchange Commission (SEC) data. Less than a year later, in June 2017, LexisNexis also acquired legal research, analytics and visualization platform Ravel Law. While LexisNexis has been slowly integrating some of the three products’ features into its main Lexis Advance platform suite, it is now looking to leverage its acquisitions towards something entirely new.
New Data Sheds Much-needed Light on the Trade Secrets Litigation Landscape
IAM, June 1, 2018
Yesterday, litigation data provider Lex Machina added its first module dedicated to tracking trade secret cases in US federal courts. It has previously been fairly difficult to get a macro view of just how much litigation activity there is in this area of IP law; the new figures give us a look at take-up for the Defend Trade Secrets Act (DTSA) as well as some insight into how parties are performing.
New Data on Trade Secrets Cases Can Point the Way for General Counsel
Corporate Counsel, May 31, 2018
Claimants, primarily companies, won about 71 percent of trade secret cases, and a majority of the defendants are former employees, according to new research from legal analytics research company Lex Machina. Owen Byrd, general counsel and “chief evangelist” at Menlo Park, California-based Lex Machina, said on Thursday the research can be vital to a general counsel’s decision-making.
The Best Kept “Secret” in Trade Secret Litigation? Lex Machina Launches New Platform
Crowell & Moring, Trade Secrets Trends, May 31, 2018
For anyone practicing in the trade secrets space who wants a leg up on the latest trends and authoritative insights backed by data, Lex Machina could be a game changer and won’t remain secret for long.
Employers Cleaning Workers’ Clocks In Bias Suits, Data Says
Law 360, May 31, 2018
Employers win far more discrimination cases than workers, but that trend gets turned upside down when the plaintiff is the U.S. Equal Employment Opportunity Commission, according to new federal employment case data from legal analytics firm Lex Machina.
Lex Machina Launches “Trade Secrets” Litigation Analytics – Outsmarting the Pacer NOS Codes for the Second Time
Dewey B Strategic, May 30, 2018
Today Lex Machina is announcing the release of a unique litigation analytics module on trade secrets. This is the second time in a year that Lex Machina has used machine learning to identify a unique and valuable subset of cases for with there is no “Nature of Suite” code in the Pacer system.
The Waymo-Uber Case is Just the Tip of the Iceberg When It Comes to Trade Secrets Lawsuits
Fast Company, May 30, 2018
First national analysis, by legal analytics firm Lex Machina, shows how often companies charge employees and rival firms with stealing trade secrets.In Silicon Valley, the land of highly mobile (and sometimes less than loyal) professionals, concerns run high about ex-employees taking company trade secrets to rival firms.
Lex Machina: Delaware the New Favourite for Patent Filing
World Intellectual Property Review, May 29, 2018
“Delaware is the leading court for patent litigation in the year since the TC Heartland decision,” according to new research. Legal analytics firm Lex Machina released its new data in a blog post on Friday, May 18.
One Year On From TC Heartland – The Federal Circuit Fills in the Gap as East Texas Adjusts
IAM, May 18, 2018
As if prompted by the looming first birthday of the TC Heartland decision, in the last ten days the Court of Appeals for the Federal Circuit has issued a flurry of opinions filling in many of the gaps left unanswered by the Supreme Court’s landmark ruling on patent venue. Those recent decisions have largely placed further bounds on patent owners in determining where they can bring a suit.
Josh Becker, Lex Machina CEO – Using Analytics To Bring Open Transparency To The Law
FutureTech Podcast, May 22, 2018
In this interview CEO of Lex Machina, Josh Becker talks about insights in legal analytics and the company’s future aspirations since its acquisition by powerhouse, LexisNexis, in November 2015.
Want to Improve AI for Law? Let’s Talk About Public Data and Collaboration
ABA Journal, May 22, 2018
Creating robust, publicly available training data on a variety of legal topics would improve accuracy and adoption while lowering the cost of entry, which will increase the number of people experimenting and researching in machine learning applications for law.
Lex Machina Expands Analytics Insights into Remedies Grant/Deny Rates and Trends
Dewey B Strategic, May 17, 2018
This week Lex Machina added Remedies Analytics to their platform. Lawyers can now investigate the trends on grant and deny rates for permanent injunctions. Preliminary injunctions and temporary restraining orders. Grant/deny rates can be analyzed for specific judges and districts for the types of litigation currently covered by Lex Machina.
Hatch-Waxman Litigation: 60 Percent Increase in ANDA Lawsuits from 2016 to 2017Is the Trademark Litigation Slump Over? 2018 Trends and Predictions
IP Watchdog, May 16, 2018
Key takeaways from the report include a recent rebound in the number of cases related to ANDA filed in U.S. district court as well as a significant increase in ANDA case filings in a particular district currently facing a shortage in its judicial bench.
The percentage of patent infringement cases triggered by Paragraph IV certifications made by drugmakers filing ANDA applications represents about 10 percent of all patent infringement cases filed in the U.S., according to Lex Machina’s Chief Evangelist Owen Byrd.
Delaware is the US’s Go-to Venue for Pharma Patent Litigation, But There Could Be Trouble Ahead
IAM, May 11, 2018
A burgeoning caseload and the retirement of key specialist judges might adversely affect the performance of the US district court for the District of Delaware in pharma patent litigation, according to Owen Byrd, general counsel and chief evangelist of Lex Machina, which has just produced its 2018 Hatch-Waxman ANDA Litigation Report.
Is the Trademark Litigation Slump Over? 2018 Trends and Predictions
World Trademark Review, May 9, 2018
Analysis of the latest data from Lex Machina suggests that US trademark litigation filing numbers will be flat in 2018 – potentially ending a four-year decline. As to the most popular venue for litigation and the go-to law firms so far in 2018, familiar names abound.
Report: Pharmaceutical Patent Litigation Increased Nearly 30 Percent In 2017
Pharmaceutical Processing, May 8, 2018
In the two-year period ending December 31, 2017, there were 741 Abbreviated New Drug Application (ANDA) patent litigation cases and 196 Patent Trial and Appeal Board (PTAB) pharmaceutical petitions filed, according to a new report issued by Lex Machina, a LexisNexis company.
BLJ: Trademark Holders Defend Their Products
Buffalo Law Journal, May 7, 2018
Trademark and patent holders have the right to protect their products and ideas, but it’s a right they must enforce themselves. Be vigilant and keep an eye on what competitors are doing, advised Jeremy Oczek, a member at Bond Shoeneck & King in Buffalo.
Pharma Patent Litigation on the Rise
IP Pro Patents, May 4, 2018
The fourth annual Hatch-Waxman/Abbreviated New Drug Application (ANDA) Litigation Report showed US district court ANDA case filings has increased by almost 30 percent over the last year. The most litigated drugs were Tecfidera (32 cases), followed by Eliquis (26 cases), and Sensipar (22 cases).
Report Says: Legal Challenges to Pharmaceutical Patents Saw 30% Increase in 2017
BioSpace, May 4, 2018
The new report, issued by Lex Machina, a LexisNexis company, released its fourth annual Hatch-Waxman/ANDA Litigation Report that revealed the rise of patent-related lawsuits that were related to Abbreviated New Drug Applications (ANDAs) filed in U.S. district courts.
Lex Machina Reports Jump in Generic Drug Litigation
National Law Journal, May 3, 2018
Hatch-Waxman litigation is back on the rise, particularly in the U.S. District Court for the District of Delaware, according to Lex Machina’s annual report on litigation involving generic drugs.Suits filed in response to Abbreviated New Drug Applications (ANDA) were a pocket of strength in an otherwise declining patent litigation landscape.
Generic Drug Patent Suits Up In 2017, Especially In Delaware
Law 360, May 3, 2018
Patent suits involving generic drugs increased 29 percent in 2017 over the previous year, with a hefty 60 percent spike in Delaware, according to a Thursday report by Lex Machina, and attorneys say the Delaware numbers are likely tied to the U.S. Supreme Court’s TC Heartland ruling.
Lilly, Pfizer, Sanofi Lead in Patent Litigation, Report Says
BioPharma Dive, May 3, 2018
Over a two year period from 2016 through 2017, 741 federal patent litigation cases were filed related to Food and Drug Administration Paragraph IV pharmaceutical Abbreviated New Drug Applications and 196 Patent Trial and Appeal Board petitions involving Orange Book patents, a new report from LexisNexis company Lex Machina said.
Generic Drug Litigation Snowballed in 2017, With Del., NJ as Top Venues
Law.com, May 3, 2018
Litigation over generic drug applications under the Abbreviated New Drug Application process increased 30 percent in 2017, according to a report by litigation analytics company Lex Machina. But filings of ANDA cases still haven’t reached 2015’s blockbuster level of 475, according to Lex Machina’s report, which was made public Thursday.
ANDA Cases Surge 60% in Delaware: Lex Machina
Life Sciences Intellectual Property Review, May 3, 2018
The filing of patent cases related to Abbreviated New Drug Applications (ANDAs) soared at the US District Court for the District of Delaware last year, while filings dramatically fell in the US District Court for the Eastern District of Virginia. According to Lex Machina, Delaware and the US District Court for the District of New Jersey remained the top two venues for ANDA cases.
Video: Interview with Owen Byrd of Lex Machina at American Bankruptcy Institute
Law Sites, April 30, 2018
At the annual meeting of the American Bankruptcy Institute on April 20, I moderated a plenary panel, “Artificial Intelligence: Why It Matters To Your Future Bankruptcy Practice.” In advance of the panel, the ABI recorded a series of video interviews I conducted with some of the panelists. Here is my interview with Owen Byrd, chief evangelist and legal counsel at Lex Machina.
Product Liability Litigation: ‘Stand And Fight’ Strategy Pays Off For Drug And Device Makers
Pink Sheet, April 4, 2018
In its first product liability litigation report, released April 2, Lex Machina analyzed more than 289,200 cases filed in US district court involving medical devices or pharmaceuticals since Jan. 1, 2009. It found that 96% of these cases are settled or resolved procedurally and of the 4% that reach a decision on the merits, about 90% are decided in the defendant’s favor.
Data-driven Decisions: Using Legal Analytics to Up Your Game
State Bar of Wisconsin, April 4, 2018
What is the likelihood that a pending bill will be enacted? How likely is Judge Smith to grant a motion for stay? What is the average time to trial in a trademark suit in the Northern District of New York? Has my expert’s testimony ever been challenged and if so what was the outcome? These are the types of questions that can be addressed using legal analytics research tools.
East Meets West
Modern Counsel, April 3, 2018
Few litigators find themselves going in-house, but Steven Geiszler found a position with Huawei that he couldn’t pass up, given how many of his skills he could leverage for the Chinese telecom juggernaut.
The Firms Handling The Most Product Liability Cases: Report
Law 360, April 2, 2018
Lieff Cabraser Heimann & Bernstein LLP, Nelson Mullins Riley & Scarborough LLP and DLA Piper are among the firms handling the most product liability cases in multidistrict litigation in recent years, according to a report released Monday by legal analytics firm Lex Machina.
Report: New Medical, Pharma Filings in Federal Courts Declined
New York Law Journal, April 2, 2018
Medical device and pharmaceutical liability lawsuit filings in federal courts, while still the leading category of products liability complaints, have declined slightly in recent years while vehicle and aircraft cases are on the rise, according to a new report released Monday.
Lex Machina 2018 Products Liability Litigation Report Includes Trends and an Analytics “Primer”
Dewey B Strategic, April 2, 2018
The report highlights claims related to pharmaceuticals and medical devices and provides detailed insights on case findings, resolutions timing, damages awarded in verdicts, and approved class action settlements.
As we all enter the brave new world of analytics – the understanding of data parameters and algorithms will be of increasing importance.This analysis must become second nature to all lawyers librarians and researchers.
Legal Analytics – 90% Percent Says Value Add, Roughly One-Third Says Invaluable
Legal Reader, March 5, 2018
A new survey on the use of legal analytics among AmLaw 200 law firms [ranked by number of attorneys, profits per partner, and overall revenue] reveals that 90% of users feel it adds value to their practice, with 29% calling it ‘invaluable.’
The Firms Landing The Most Cases In 7 Practice Areas
Law 360, March 3, 2018
In Lex Machina’s new rankings, case volume speaks volumes. The legal analytics provider’s Top Law Firm Report reveals the firms that have fielded the most cases over the past five years, whether it’s litigating a complaint or mounting a defense.
Lawyers, Developers Team Up in Hackathon to Revamp Legal Industry
The Recorder, February 28, 2018
The Global Legal Hackathon, which took place from Feb. 23 to Feb. 25, was held simultaneously in 40 cities across six continents. A panel of experts including Owen Byrd, general counsel and chief evangelist at LexisNexis Group-owned legal analytics provider Lex Machina Inc., Margaret Hagan, director of the Legal Design Lab at Stanford Law School, and Jennifer Kelleher, directing attorney at the Law Foundation of Silicon Valley, acted as judges for hackathon-related pitches.
Outside Counsel Selection, Contracts & Outcome Analysis: Analytics’ Homes Beyond Discovery
Corporate Counsel, February 27, 2018
Analytics has frequently been touted as among the next big technologies in legal technology, and a recent report indicates that the technology is taking hold. The Coalition of Technology Resources for Lawyers’ (CTRL) third annual Analytics Report, which took accounts from a survey of attorneys and legal department professionals, found that analytics is likely to “be considered indispensable” and “will be widespread” among the legal profession over the next 10 years.
More Thoughts After LegalWeek NYC: Legal Analytics as a Source of Competitive Advantage
The Project Counsel Group, February 14, 2018
If there was a dominant theme at Legalweek this year it was this: for lawyers (especially litigators) performing accurate legal research has always been the core skill of successful lawyering. But over the past few years a new tool has appeared in litigators’ tool kits: legal analytics.
Considerations For Attorneys Using Artificial Intelligence
Law 360, February 14, 2018
Artificial intelligence is perhaps the most transformational technology of our era, [1] “likely to leave no stratum of society untouched.” [2] The legal services sector will be no exception.
3 Things The 2017 Patent Litigation Statistics Show Us
Above the Law, February 13, 2018
Considering the ongoing turmoil in patent practice, it behooves IP lawyers to develop as informed a sense as possible of what has truly happened in the market’s immediate past. Reports like the one just released by Lex Machina are therefore an important contribution to the IP community.
A Slow Year For Patent Litigation
Today’s General Counsel, February 12, 2018
The 4,057 patent lawsuits filed for the year was the lowest total for an entire year since 2011. Lex Machina data scientist Brian Howard noted that it may be appropriate to view current patent lawsuit filing levels as a “new normal,” but the year did see one dramatic change.
How Patent Litigation Changed In 2017
Law 360, February 7, 2018
Fewer patent suits were filed in U.S. district courts in 2017 than in any year since 2011, when the America Invents Act was passed, according to a new year-in-review report from Lex Machina. A total of 4,060 new patent cases were filed in courts across the country, a more than 30 percent drop from the level of cases filed just two years ago.
New Normal Takes Shape After TC Heartland Shakeup
Law 360, February 7, 2018
Results in districts newer to the patent game likely won’t change the reality that many suits will continue be filed in Delaware, Texas and a handful of other locales. While overall filing trends may not shift much as courts grapple with venue issues like what constitutes a place of business, those issues will remain hotly contested in individual cases and will keep attorneys busy.
Lex Machina Launches Delaware Court of Chancery Legal Analytics Module
Legal Reader, February 2, 2018
The latest news from our friends at Lex Machina is exciting for those attorneys handling corporate and contractual disputes. They just released the first state-specific module in their Legal Analytics® platform, and it’s all about the Delaware Court of Chancery. I’ll let them explain.
Video: Interview with Josh Becker, CEO of Lex Machina, at #Legalweek18
Law Sites, February 2, 2018
At Legalweek in New York, I caught up with Josh Becker, CEO of legal analytics company Lex Machina. Had no idea until we finished talking that he was running off moments later to deliver a keynote on legal analytics and the future of data-driven law.
Reshaping the Legal Services Sector Through Innovation and Technology
Thomson Reuters Zawya, February 2, 2018
The legal profession has always been identified as being traditional, unsusceptible to change, and guided by precedent as opposed to innovation. However, despite the fact that in comparison to other industries legal innovation has lagged behind, the scope, pace and reach of innovation and technology in the legal industry has, over the last years made significant strides.
Podcast: Perspectives on Analytics at LegalTech 2018
Inventing Professionals, February 1, 2018
I spoke with Josh Becker, the CEO of Lex Machina, and Jeff Pfeifer, the vice president of product management for LexisNexis, about Legaltech 2018 and the emphasis on analytics.
AI, Analytics, and How Cravath Is Embracing Technology
Law.com, January 26, 2018
At ALM’s upcoming Legalweek conference, one of the major overarching themes is how artificial intelligence will change the practice of law. In this episode of Law.com’s “Unprecedented” podcast, we talk with one of the speakers at the event—Scott Reents, the lead attorney for data analytics and e discovery at Cravath, Swaine & Moore—about the challenges and advantages to integrating AI with the legal profession.
Lex Machina Launches First State Court Analytics Module: Delaware Court of Chancery
Dewey B Strategic, January 25, 2018
Several weeks ago Lex Machina subscribers started seeing analytics from the Delaware Chancery court appear in the platform. It is significant that Lex Machina has entered the state analytics market where there are so few players. It is especially exciting that they have started with one the most important if not the most important jurisdiction for corporate and contractual disputes.
The Firms Filing The Most Copyright Suits
Law 360, January 25, 2018
The list of law firms filing the most copyright lawsuits over the fourth quarter of 2017 was surprisingly topped by BigLaw giant Fox Rothschild LLP, which launched more than 100 new cases on behalf of an adult film company. According to data compiled by Lex Machina, the Philadelphia-based firm filed a whopping 141 new copyright infringement cases.
Judging Lawyers: Objectively Evaluating Big Law Litigation Departments
LLRX, January 21, 2018
Data is changing the way lawyers litigate. Motion practice, a critical weapon in an attorney’s arsenal, is increasingly informed by statistical insight. But data has yet to significantly impact how clients select their litigation counsel. Lawyer and law firm evaluation has traditionally been a subjective measure: driven by perception, personal relationships, and word-of-mouth recommendations.
Patent Cases in US Districts Courts Decline in Q4 2017: Study
World Intellectual Property Review, January 17, 2018
Statistics published by legal analytics company Lex Machina have shown a drop in patent cases to US district courts for Q4 of 2017.
The Data-Driven Lawyer and the Future of Legal Technology
Law Technology Today, January 15, 2018
One of the most fundamental challenges that law firms, legal departments, and individual lawyers face today is inextricably tied to data. Whether you are a lawyer, legal librarian, or paralegal, your work involves finding and synthesizing relevant information more quickly, even as the body of information we’re sifting through continues to grow.
3 Lessons On Data From Trademark Cases
Above the Law, December 11, 2017
Big data continues to deliver insights that IP lawyers can use in their practices. Thanks to information provided by the legal analytics firm Lex Machina I have been able to review statistics on trademark cases filed nationwide from 2009 to 2017.
Lawsuits Charging Sex-based Harassment in Workplace on the Increase
San Francisco Chronicle, December 11, 2017
More than 3,500 federal civil lawsuits related to harassment in the workplace have been filed so far this year, an increase over 2016, according to Lex Machina, a Menlo Park analytics firm that tracks litigation. Federal data show that the number of sex-based-harassment complaints filed in 2016 increased from the prior year.
What is Legal Analytics, and How is it Relevant to the Practice of Commercial Law?
Law Technology Today, December 8, 2017
The lawyer of tomorrow will routinely make decisions based on data. In fact, some lawyers are already doing so today. How? They use a relatively new tool, called legal analytics, to mine previously unavailable insights from data derived from millions of actual dockets and case documents.
Legal Tech: The AI Generation
Legal Futures, December 7, 2017
The field of artificial intelligence (AI) saw a true Renaissance in this decade. More than $3.6bn has been invested this year in companies that develop AI applications. This is more than the $3.3bn invested in 2016, with another quarter remaining.
Lex Machina’s 2017 Trademark Litigation Report Shows High Percentage of Overall Damages Awarded on Default Judgment
IP Watchdog, December 5, 2017
Overall, trademark litigation since 2009 has been remarkably stable, especially when compared to other areas of intellectual property litigation. Trademark case filings have generally declined between 2009 and 2016 and case filing activity within a single year has ranged from 4,000 cases filed up to 4,800 filings.
The State Of The Patent System: A Look At The Numbers
Law 360, November 27, 2017
Patent lawsuits continue to decline in the U.S., now at or below rates last seen at the depths of the Great Recession. Meanwhile, the Patent Trial and Appeal Board of the U.S. Patent and Trademark Office continues with a caseload that remains an incredible three times what was predicted when the America Invents Act first became law.
Sex Claims Face Hurdles — Federal Law Imposes Tight Deadline, High Burden of Proof
The Wall Street Journal, November 23, 2017
Statistics show that the deck is stacked against people making sexual harassment claims, plaintiffs’ lawyers say.
Legal analytics company Lex Machina found that while more than 75% of employment cases settle, almost always under nonpublic terms, when the courts do reach a determination on sex or gender discrimination under the Title VII of the Civil Rights Act of 1964, they favor defendants more than 95% of the time.
Lex Machina Releases Products Liability Litigation Analytics Module
Dewey B Strategic, November 13, 2017
Today Lex Machina is announcing the release of a new module which covers federal product liability litigation. The products liability module will provide the same trends in case timing, resolutions, findings, and damages for injuries caused by product defects, including medical devices/pharmaceuticals, vehicles, aircraft, asbestos, and more.
Lex Machina Adds Analytics for Product Liability Litigation
Law Sites, November 13, 2017
As it continues to expand its legal analytics into new practice areas, Lex Machina is today announcing the addition of analytics for federal product liability litigation. The new module is the largest expansion of the platform to date, it says, encompassing nearly 500,000 cases pending since 2009, including 158,000 open cases.
Analytics and Technology Insights
AALL Spectrum, November 1, 2017
Analytics tools enable lawyers to ask completely new questions and gain insights that are virtually unavailable in a text-based research world. There is a wide variety of use cases for analytics, including: pitch strategy, alternative fee arrangement responses, litigation strategy, deal negotiation strategy, managing client expectations, driving process, internal benchmarking, and developing peer metrics.
Patent Lawsuits Flock From Texas to Delaware After TC Heartland
World Intellectual Property Review, October 13, 2017
More patent cases were filed in Delaware than in Eastern Texas in the third quarter of 2017, with the US Supreme Court’s TC Heartland ruling appearing to take its toll on the traditionally popular jurisdiction.
Many Patent-holders Looking to East Texas Following Supreme Court Ruling
ARS Technica, October 12, 2017
For several years, the Eastern District of Texas hosted more patent lawsuits than any other judicial district in the country. But in May, the Supreme Court sharply limited where patent owners can choose to file their lawsuits, in a case called TC Heartland.
Round 2: Legal Tech Accelerator
Stanford Law School, October 9, 2017
LexisNexis has announced the second round of its Legal Tech Accelerator Participants. The program is based in the Menlo Park (Calif.) offices of Lex Machina and for the first time, at the Raleigh Technology Center for LexisNexis on the Centennial Campus of North Carolina State University.
Making Sense of the Litigation Analytics Revolution
Sedgwick LLP, October 4, 2017
Lex Machina’s analytics platform focuses on several specific areas of law, giving counsel a wealth of information for researching a jurisdiction. Lex Machina’s Comparator app can compare not only the length of time particular judges’ cases tend to take to reach key milestones but also previous outcomes, including damages awards and attorneys’ fees awards.
LexisNexis Legal Tech Accelerator Gears Back Up With Second Cohort
Inside Counsel, October 3, 2017
The company’s legal technology accelerator program will run this time with seven new startups with big dreams of disruption in the legal field. The companies will move through the accelerator’s business development curriculum and work between Lex Machina’s Menlo Park office and the LexisNexis Raleigh Technology Center.
Lex Machina Expands Legal Analytics Platform into District Court Bankruptcy Appeals
Legal Reader, September 28, 2017
Whereas bankruptcy judges are highly specialized, most district court judges rarely encounter bankruptcy appeals, making the process more challenging for attorneys and outcomes less predictable. With this release, Lex Machina has proved that analytic insights can be uncovered for appellate matters and that these insights are enormously valuable for lawyers and their clients.
Lex Machina Launches Bankruptcy Appeals Analytics Module
Dewey B Strategic, September 26, 2017
Bankruptcy practice is highly specialized and Lex Machina developed the new module based on feedback received from top bankruptcy litigators. The new product incorporates 10 practice-specific tags and 15 unique “dispute appeals” categories, which will enable attorneys derive insights a competitive advantage throughout the appeals process.
Meet the New King of Patent Litigation (sorry, East Texas)
The Texas Lawbook, September 22, 2017
The Eastern District of Texas has lost its status as America’s top place to sue businesses for patent infringement. Delaware is the new king of patent litigation. Just one year ago, patent holders filed three times more infringement lawsuits in East Texas than they did in the Delaware federal courts.
The AI Surge: Coming Soon to a Legal Department Near You
Corporate Counsel, September 5, 2017
Whether it’s machine learning, behavioral algorithms, suggestive or voice-recognized searches or autonomously powered self-driving vehicles, companies around the globe are using different forms of artificial intelligence (AI) to improve user-product experience.
Global Litigation 50 Report: Technology Makes its Mark
The Lawyer, September 4, 2017
Firms are widening their use of technology to help project manage litigation.“Clients are asking their law firms, ‘Why should I engage you on this mandate?’” he says. “The willingness to use the new tech that is out there could be a differentiating factor. We certainly see it as such.”
Legal Services Start-ups Target Lawyers’ Paperwork
Financial Times, August 28, 2017
Advanced analytics prove invaluable to law firms handling reams of documents. For example, Lex Machina, part of the legal research and risk management company LexisNexis, analyses millions of court decisions for insights on how judges reach decisions, which arguments are most likely to be e ective in court, and the strengths and weaknesses of the opposing legal team.
LexisNexis is Testing Chatbots for Lawyers
Venture Beat, August 23, 2017
The goal is to give users the option to take more of a conversational approach to LexisNexis research or AI services, rather than the “typing keywords into a search bar” approach that has become so common.
Lex Machina Commercial Litigation Report Shows That One-Fifth of Commercial Cases Include IP Claims
IP Watchdog, August 22, 2017
In early August, legal data analytics firm Lex Machina released its first Commercial Litigation Year in Review report, which identifies trends and highlights in commercial litigation filed in U.S. district courts between 2009 and 2017. Of the different types of intellectual property claims which are included in commercial litigation, trademark claims are by far the most common.
Commercial Litigation is on a Downswing—But These Firms Are Coming Out on Top
Law.com, August 4, 2017
In its first report analyzing commercial litigation trends, legal analytics expert Lex Machina found the number of federal lawsuits between two or more business entities for breach of contract and business torts has steadily dropped since 2009.
For 8 Years, One Firm Led Both Sides Of Biz Litigation
Law 360, August 4, 2017
Over the last eight years, one law firm has dominated the pack on both sides of the table in commercial litigation, and the majority of all commercial litigation — cases with claims like breach of contract — was duked out in California’s Central District, a data scientist told Law360 on Friday.
Commercial Suits Slip, but Greenberg Traurig Stays Busy
The Recorder, August 4, 2017
There has been a steady decline in contract and business tort cases since the economic crisis in 2009. But there’s still plenty of litigation and some firms have kept busy by representing both plaintiffs and defendants.
US Commercial Cases Decline Over Eight Years
Global Legal Post, August 4, 2017
Legal analytics firm Lex Machina assessed cases in US federal district courts and found that as the economy recovered, fewer business were suing on contract or business tort claims. The research also revealed that US law firm Greenberg Traurig was the leading law firm in federal US district courts over the last eight years.
This Minneapolis Company is One of the Most Sued in America
Twin Cities Business, August 3, 2017
Data accumulated by LexisNexis subsidiary Lex Machina suggests Minneapolis may be home to one of the most sued corporations in America. Based on cases filed between January 1, 2009 through June 30, 2017, discrimination lawsuits are by far the most common (87 percent of cases), followed by retaliation (66 percent) and harassment (35 percent).
Workers Win Only 1% Of Federal Civil Rights Lawsuits At Trial
Fast Company, July 31, 2017
According to a new analysis of employment cases by legal research service Lex Machina, very few employees who file federal job discrimination, harassment, and retaliation claims even make it to court, and only 1% of those claims eventually succeed in court.
Comparing The PTAB And District Court For Life Sciences Patents
Mondaq, July 20, 2017
Are petitioners having an easier time prevailing at the PTAB than in District Court? In this article, we review data from Lex Machina to assess whether patent challengers have an easier time prevailing on the merits at the PTAB or in District Court when challenging pharma or biotech patents
Patent Suits in Eastern Texas Fall After TC Heartland: Lex Machina
World Intellectual Property Review, July 20, 2017
According to legal analytics firm Lex Machina, the number of cases filed “significantly declined” in Eastern Texas to 26% (293 cases) in the quarter, compared with 37% (474 cases) in the second quarter of 2016. Before the TC Heartland decision, in the first quarter of 2017, the district had 32% (311 cases) of the patent suits filed.
Patent Lawsuits Drop 21 Percent in the Eastern District of Texas as SCOTUS Ruling Brings New Era
ABA Journal, July 19, 2017
Patent lawsuits in the federal court for the Eastern District of Texas are on the decline as a result of a May ruling by the U.S. Supreme Court. The decision, TC Heartland v. Kraft Food Brands Group, is “ushering in a new era for the place America has gone to settle disputes about inventions,” Texas Lawbook(sub. req.) reports
Workplace Plaintiffs Face Long Odds at Trial, Analytics Data Indicates
ABA Journal, July 17, 2017
Lex Machina last week launched an employment litigation search and analysis module that covers findings of hostile work environment, retaliation and Title VII issues such as race bias, as well as discrimination based on age, equal rights, military, pregnancy and rehabilitation. Lex Machina reviewed nearly 72,000 cases and found that nearly three-fourths of them settle, while employers prevail on summary judgment 13 percent of the time.
‘Moneyball’ Legal Analytics Helps Lawyers Assess Judges
San Francisco Chronicle, July 14, 2017
Intellectual property lawyer Huong Nguyen walked into a federal courtroom a few years ago to defend a case for a maker of generic pharmaceuticals. Another lawyer told her that the judge had a reputation of favoring name-brand drug makers, which would normally suggest that Nguyen might lose at the trial level. But one source of information made her believe that she had a better shot: legal analytics.
Lex Machina Adds Analytics For A New Area Of Law: Employment Litigation
Law Sites, July 12, 2017
When LexisNexis acquired the legal analytics platform Lex Machina in November 2015, the plan was to use LexisNexis’s collection of federal and state docket data to expand Lex Machina’s analytics beyond its original area of intellectual property. Since then, it has been adding practice areas at a regular clip, starting with securities last July, antitrust in November, and commercial litigation last month.
Lex Machina Launches Employment Analytics
Dewey B Strategic, July 12, 2017
Lex Machina is launching the third new module in the past twelve months, following the release of Securities and Commercial Law products.The new employment litigation module includes over 70,000 discrimination, retaliation, and harassment cases pending in federal court since 2009.
The Firms Filing the Most Copyright Cases
Law 360, July 11, 2017
According to data compiled by Lex Machina, New York-based Liebowitz Law Firm led the pack for the second quarter in a row, filing 113 new cases from April 1 through June 30, up from 97 over the first quarter of the year.
The Firms Filing the Most Trademark Cases
Law 360, July 11, 2017
According to data compiled by Lex Machina, 25-attorney Chicago firm Greer Burns & Crain Ltd. topped the list for the second quarter in a row with 25 new cases, filed on behalf of brands such as Levi Strauss, Luxottica, Cartier and others.
The Firms Filing the Most Patent Cases
Law 360, July 11, 2017
According to data compiled by Lex Machina, Devlin Law Firm LLC led the pack with 69 new patent cases filed between April and June. Almost a third of the lawsuits were filed on behalf of Hybrid Audio LLC, which went after companies like Amazon.com Inc. and Roku over a patent covering MP3 technology.
TC Heartland Is Already Remaking The Patent Litigation Map
Law 360, July 5, 2017
It’s only been a few weeks since the U.S. Supreme Court’s TC Heartland decision restricted where patent lawsuits can be filed, but new data shows the decision has already shifted litigation trends, with patent suits spiking in Delaware and dwindling in the Eastern District of Texas.
Lex Machina PTAB Report Highlights Top Petitioners, Patent Owners and Law Firms Appearing in Cases
IP Watchdog, June 23, 2017
Some of the reports most interesting findings involve which entities are most active at the PTAB as well as the law firms representing parties most frequently during PTAB proceedings.
Profiles In Innovation: An Interview With Owen Byrd Of Lex Machina
Above the Law, June 21, 2017
Over the course of preparing for yesterday’s webcast on legal analytics and commercial litigation, hosted by Above the Law and sponsored by Lex Machina, I had the pleasure of getting to know Owen Byrd, the company’s chief evangelist and general counsel.
Moneyball Legal Analytics Now Online for Commercial Litigators
Commercial Law World Magazine, June 21, 2017
Have you ever wished to know exactly how a judge, or opposing party, or even your own client has behaved in prior cases like yours?
Legal Analytics enables attorneys to make data-driven decisions. Its Moneyball for lawyers.
Lex Machina Announces Commercial Litigation as Next Rollout in Analytics Platform Expansion
LegalTech News, June 21, 2017
Over the past year, the company has engaged in an effort to expand its technology into all areas of federal practice, and on June 20, it announced its expansion into commercial litigation. Litigation is one of those arenas that is increasingly proving ripe for analytics technology, and Lex Machina CEO Josh Becker in a statement billed the foray into commercial litigation as its “biggest most ambitious endeavor yet.”
Lex Machina Expands Legal Analytics Platform to Commercial Litigation
Global Legal Post, June 21, 2017
Lex Machina – a LexisNexis company – has expanded its Legal Analytics platform into commercial law in efforts to expand the tool beyond patent, trademark, copyright, securities, and antitrust law and to cover every federal practice area. The market is a potentially lucrative one for the platform as commercial litigation generates more than $6 billion in billings by law firms in the US annually.
Lex Machina Marks Timely Addition of Commercial Case Analytics
ABA Journal, June 20, 2017
“This is our moment to move outside specialty practices into the larger area of the law,” Byrd said in a webinar that demonstrated the module. Lex Machina began as a 2006 Stanford University intellectual property clearinghouse, and grew as a company to include securities and antitrust cases.
Lex Machina Extends Legal Analytics Platform to Commercial Litigation
Legal IT Insider, June 20, 2017
In a significant expansion of its current analytics offering, Lex Machina, which was acquired by LexisNexis in November 2015, today announced that its legal analytics platform now covers commercial litigation. Commercial litigators using the platform will be able to make data-driven decisions based on detailed information about more than 62,000 commercial cases pending since 2009.
Lex Machina Expands Its Legal Analytics Into Commercial Litigation
Law Sites, June 20, 2017
Since its acquisition in November 2015 by LexisNexis, Lex Machina has been using LexisNexis’s collection of federal and state docket data to expand its analytics platform beyond its original area of intellectual property into other practice areas, adding securities last July and antitrust in November. It plans eventually to cover every federal practice area.
Lex Machina “DeCodes” Commercial Litigation: Launches Latest Analytics Insights into Business Torts and Contract Litigation
Dewey B Strategic, June 20, 2017
Owen Byrd, the Chief Evangelist at Lex Machina is really excited about the latest module of legal analytics. Byrd provided me with a preview of the new commercial litigation product. While Byrd is proud of all of the Lex Machina modules, he sees the commercial product as providing lawyers with a truly unique set of insights.
These 3 IP Boutiques Still Reign at Patent Trial and Appeal Board
National Law Journal, June 15, 2017
Intellectual property boutiques Fish & Richardson; Finnegan, Henderson, Farabow, Garrett & Dunner; and Sterne Kessler Goldstein & Fox maintain dominant positions in America Invents Act litigation, but global Am Law 50 firms continue making inroads at the PTAB. That’s one of the takeaways from Lex Machina’s annual review of AIA litigation at the Patent Trial and Appeal Board.
These Firms Handled The Most AIA Reviews Last Year
Law 360, June 15, 2017
The 2017 Patent Trial and Appeal Board Report by legal data analytics firm Lex Machina was released on the heels of the high court’s Monday decision to consider if AIA reviews violate the U.S. Constitution. The report provides a snapshot of the firms and companies that would feel the greatest impact if the justices were to eliminate AIA reviews.
As PTAB Nears Its Fifth Birthday the “Death Squads” Have More Than Just NPEs in Their Sights
IAM, June 15, 2017
Lex Machina’s ranking of the top petitioners will not surprise many. Predictably, it reads like a who’s who of the tech world. Apple is far ahead with 370 reviews, followed by Samsung Electronics, Google, Microsoft and LG Electronics. Despite its lead of over 100, the iPhone maker does seem to be losing some of its zeal for the PTAB, having filed just 24 so far this year while its rivals Google and Microsoft don’t even make it into the top 10.
Are More Than 90 Percent of Patents Challenged at the PTAB Defective?
IP Watchdog, June 14, 2017
Only 4 percent of all PTAB petitions for review proceedings end with a final written decision in which all claims are upheld as patentable. A few other data-based perspectives exist with a narrower focus on petitions that have lead to final written decisions issued from PTAB administrative patent judges (APJs). Of the 1,556 petitions for patent review proceedings at the PTAB that have reached final written decisions, only 16 percent of those final written decisions left all claims upheld.
Legal Analytics vs. Legal Research: What’s the Difference?
Law Technology Today, June 12, 2017
For hundreds of years, litigators have served their clients by applying facts to law using legal reasoning. To identify relevant law—statutes, cases, rules—to apply to the facts of a case, lawyers conduct legal research. Performing accurate legal research remains a core skill of successful lawyering.
Predictive Justice: When Algorithms Pervade the Law
Paris Innovation Review, June 9, 2017
To most people, the term “predictive justice” refers to a science fiction short story by Philip K. Dick titled The Minority Report in which precogs predict future crimes. But it also covers a complex reality.
Lex Machina’s Online Tools Can Help Patent Owners Spot Conflicts of Interest at PTAB
IP Watchdog, May 10, 2017
In recent days, we’ve been reporting on a series of possible ethical issues concerning administrative patent judges (APJs) serving at the Patent Trial and Appeal Board (PTAB) within the U.S. Patent and Trademark Office. Of particular interest to patent owners facing challenges at PTAB will be the Counsel tab, which is found in the top margin after logging into Lex Machina.
Phila. Law Firms Among Most Active for New Drug Lawsuits
Philadelphia Business Journal, May 10, 2017
Because so many drug companies are either headquartered or incorporated in Delaware and New Jersey, those two states have been home to the lion’s share of filings in cases that often have hundreds of billions of dollars at stake in battles between brand-name and generic drug manufacturers.
Lex Machina ANDA Litigation Report Shows Recent Decline in Case Filings and Top Parties in Filings
IP Watchdog, May 8, 2017
On Thursday, April 27th, legal data analytics firm Lex Machina released a Hatch-Waxman/ANDA litigation report detailing trends and key findings from pharmaceutical cases filed in U.S. district courts between January 1st, 2009, and March 31st, 2017. More than eight years worth of data shows that patent infringement case filings in response to ANDAs filed with the FDA declined in 2016 for the first time in three years.
Artificial Intelligence Closes in on the Work of Junior Lawyers
Financial Times, May 4, 2017
Meanwhile, technology continues its march, transforming the antiquated world of law courts. In the US, Lex Machina, a start-up acquired by Lexis Nexis in 2015, crunches data about court rulings to analyse types of cases filed and examine past successes, replacing work that is normally done by newly qualified lawyers.
Let Me Introduce You to Three Robot Lawyers
Lexology, May 4, 2017
The practice of law is going to look very different 15 years from now. The most routine legal work traditionally performed by human lawyers will likely be carried out by artificial intelligence (AI). In fact, some law firms have already employed robots to perform legal services and private companies are rapidly developing new artificial intelligence and data analytics tools for lawyers. I would like to introduce you to three examples.
Machine Arbitrator: Are We Ready?
Kluwer Arbitration Blog, May 4, 2017
A group of lawyers has been coveted in recent years by the most prestigious law firms. They are supposed to predict results more accurately than Gary Born, create more persuasive stories than Stanimir Alexandrov and even issue better awards than Gabrielle Kauffman-Kohler. Their names are Watson, Ross, Lex Machina and Compas – they are Machine Learning Systems (“MLS) with natural language capability and the capacity to review thousands of decisions in merely seconds.
How to Leverage Task-Based Legal Work to Improve Value, Efficiency and Outcomes
Corporate Counsel, May 1, 2017
The Fordham Law Review recently published an article on the growing shift within legal departments and courts to unbundle cases into discrete tasks to better control legal spending. Sophisticated corporate leaders in this area set expectations in-house and with outside counsel on budget, efficiency and accountability. They also leverage process, technology and data to make informed decisions on tasks, strategy and spending.
Lex Machina Reports That Q1 2017 Saw Fewest Patent Infringement Cases Since Q3 2011
IP Watchdog, April 30, 2017
On April 12th, legal data analytics firm Lex Machina released a litigation update report for the first quarter of 2017 which highlights trends in intellectual property suits being filed in U.S. district courts. One of the key findings is that only 938 patent infringement actions were filed in district courts during the recent quarter, a total which is the lowest for a single quarter since the third quarter of 2011 when only 921 such cases were filed.
Generic Drug Patent Cases Fell By One-Third In 2016: Report
Law 360, April 27, 2017
The number of patent suits over generic drugs filed in 2016 dropped by 32.5 percent over the previous year, according to a report released on Thursday by Lex Machina, a decline that an attorney says may be due to the rise of inter partes reviews and other factors.
ANDA Case Filings Drop 32%, But Still High Compared To Last Decade
The Pink Sheet, April 27, 2017
As for why there was a decline in 2016, Brian Howard, Lex Machina’s associate general counsel and legal data scientist, said part of the fall-off was due to fewer cases being filed in the Southern District of New York, the third largest district for ANDA cases. It had a peak of 41 cases in 2011 and only one case in the last five quarters.
Warning that Artificial Intelligence has Legal Implications
IT Wire, April 25, 2017
An AI tool may be able to detect new matter or a new client opportunity and prompt the partner to initiate a business development activity. It may also recommend which barristers are best suited to a specific case using a research tool which knows the lawyers’ backgrounds and recent case history, as well as the details of the current matter.
Is Artificial Intelligence Making Lawyers a Disappearing Profession?
AFR Weekend, April 25, 2017
For years, artificial intelligence has been automating tasks—like combing through mountains of legal documents and highlighting keywords—that were once rites of passage for junior attorneys. The bots may soon function as quasi-employees.
The Patent Litigation Lie
Forbes, April 13, 2017
Is the so-called “patent litigation” explosion real? The beauty of this question is that it’s 100% answerable through verifiable facts. So let’s look at the facts: According to Lex Machina, a respected legal analytics firm, there were 4,537 patent infringement suits filed in 2016, which represents a 22% decline from the 5,819 cases filed in 2015. But it also represents a 26% drop in patent suits filed since 2013, when an all-time high of 6,114 cases were filed.
A Supreme Court Case Involving Artificial Sweeteners Could Have a Huge Impact on Silicon Valley
Quartz, April 4, 2017
On paper, Kraft v. TC Heartland is not a very exciting case. It’s a lawsuit involving artificial sweeteners and the plastic containers they come in. It’s not the kind of case one would expect to make it all the way to the US Supreme Court and have sweeping implications for the future of the US technology industry.
LexisNexis Announces First Legal Tech Accelerator Participants
Global Legal Post, April 4, 2017
LexisNexis has announced the first five participants in its new Silicon Valley legal tech accelerator programme created to give startups a leg up in the legal tech industry and transform the business of law.
LexisNexis Chooses TagDox Among Start-ups for Legal Tech Accelerator
Artificial Lawyer, March 31, 2017
The accelerator, which was announced last December, examined over 40 applications to the mentoring and development scheme, which will lead the lucky five legal tech companies through a 12 week period of training and education designed to further their business and technology goals.
Artificial Intelligence Meets the Mainstream
Association of Corporate Counsel, March 30, 2017
Mark Zuckerberg, the chairman, chief executive officer, and co-founder of Facebook, is known for setting ambitious New Year’s resolutions. For example, in 2010, Zuckerberg taught himself Mandarin. In 2015, he pledged to read one new book every other week. For 2016, however, Zuckerberg declared perhaps his most ambitious resolution yet: building a voice-controlled artificial intelligence (AI) assistant to run his home.
Texas in the Rearview Mirror?
Law 360, March 27, 2017
Companies as varied as tech giants, retailers, banks and generic-pharmaceutical companies have pressed the high court to rein in where suits can be filed, with many arguing that the large concentration of cases in the Eastern District of Texas puts accused infringers at a disadvantage.
The TC Heartland dispute centers on the federal law covering patent venue — known as Section 1400(b) — which holds that patent suits may be filed where the defendant “resides” or “has committed acts of infringement and has a regular and established place of business.”
Hard Times For Patent Trolls And Challengers As Courts, Targets Fight Back
Forbes, March 24, 2017
Texas hedge fund manager Kyle Bass lost another patent challenge this week, as a panel at the U.S. Patent and Trademark Office rejected his attempt to invalidate Biogen’s patent on Tecfidera, a treatment for multiple sclerosis. Overall Bass’s Coalition for Affordable Drugs – actually a collection of several special-purpose investment funds — has won 9 out of 33 challenges so far for a 27% success rate, according to Lex Machina, which tracks patent litigation.
High-Court Case to Challenge Jurisdiction ‘Shopping’ in Patent Suits
The Wall Street Journal, March 23, 2017
Businesses, particularly those in the tech sector, are watching closely a case to be argued in the Supreme Court next week challenging a system that has led to a concentration of patent cases in plaintiff-friendly jurisdictions such as eastern Texas, where the number of new patent-infringement cases has soared from a few hundred annually a decade ago to a peak of more than 2,500 in 2015, by far the highest total for any district, according to data from Lex Machina.
The Supreme Court Could Fundamentally Change America’s Broken Patent System
Yahoo Finance, March 23, 2017
It was more than a decade ago that The New York Times exposed an anomaly that lawyers had been whispering about for some time. The sleepy, rural East Texas town of Marshall, Texas—“the self-proclaimed Pottery Capital of the World and home to the annual Fire Ant Festival”—had somehow become the nation’s hottest venue for filing high-tech patent suits.
The Lex Machina Story: From Start-Up to LexisNexis
Artificial Lawyer, March 21, 2017
Lex Machina is one of the most well known of the new breed of legal tech companies making use of natural language processing (NLP) and machine learning to help lawyers. The fact that it is part of legal publishing giant, LexisNexis, has no doubt helped in this regard. But, what does Lex Machina actually do and how did it get to where it is today?
A.I. Is Doing Legal Work. But It Won’t Replace Lawyers, Yet.
The New York Times, March 19, 2017
[Labor economists] assumed that professionals, like lawyers, were safe because their work was wrapped in language. But advances in artificial intelligence overturned that assumption. Technology unlocked the routine task of sifting through documents, looking for relevant passages. So major law firms, sensing the long-term risk, are undertaking initiatives to understand the emerging technology and adapt and exploit it.Rise of the Robolawyers
The Atlantic, March 16, 2017
For years, artificial intelligence has been automating tasks—like combing through mountains of legal documents and highlighting keywords—that were once rites of passage for junior attorneys. Beyond helping prepare cases, AI could also predict how they’ll hold up in court. Lex Machina, a company owned by LexisNexis, offers what it calls “moneyball lawyering.”
The Firms That Handle The Most Securities Litigation
Law 360, March 16, 2017
Robbins Geller Rudman & Dowd LLP is the top firm for shareholders, representing investors and plaintiffs in 745 cases filed between 2009 and 2016, according to an analysis of federal court data published in Lex Machina’s Securities Litigation Report 2017. On the defense side, Skadden Arps Slate Meagher & Flom LLP has established a firm lead by guiding 349 companies in securities litigation over the same period.
Securities Litigation Up 23% in 2016: Insights from Lex Machina’s First Securities Litigation in Review Report
Dewey B Strategic, March 16, 2017
Only seven months after launching the Securities analytics module, Lex Machina has published their first Securities Litigation Year in Review Report. The report examines key trends in securities litigation using data from 2009 through 2016. It also identifies the top plaintiffs, defendants their law firms and outcomes including damages.
AIA has Not Significantly Altered Patent Litigation Totals According to Recent Lex Machina Report
IP Watchdog, March 13, 2017
On Thursday, March 2nd, legal data analytics firm Lex Machina released its fourth annual Patent Litigation Year in Review report which provides some intriguing findings on the landscape of patent cases in the United States over the past 12 months.
These Firms Handled The Most Patent Cases In 2016
Law 360, March 3, 2017
The national law firms that handled the most patent cases in 2016 includes several big names that were also among the busiest in 2015, according to a new report by Lex Machina, which also tallied the number of patents that courts have invalidated under Alice. The legal analytics company’s 2016 patent litigation report found that Fish & Richardson PC represented defendants in 160 patent cases last year, more than double the next-busiest firm. Russ August & Kabat handled more cases for patent plaintiffs than any other last year with 110, three dozen more than its closest competitor.
Software Patents Fight Back in the US as Federal Circuit Decisions Begin to Influence Lower Courts
IAM, March 3, 2017
The headline numbers have been known for a couple of months thanks to early reports from the likes of Unified Patents and RPX; and Lex Machina confirms that new patent disputes fell dramatically last year with the firm putting the total at 4,537 cases filed – a drop of 22% year-on-year.
However, Lex Machina’s analysis goes far deeper than those headline stats and it’s in the later stages of the report that some particularly interesting findings jump out.
Eastern Texas Still Patent Case Champ, According to Lex Machina Data
The Recorder, March 2, 2017
Is it a dip or just a blip? Patent case filings in U.S. district courts dropped 22 percent to 4,537 in 2016, analytics shop Lex Machina reported Thursday in its annual patent litigation review. While that decline sounds steep, analysts think it was exaggerated by a December 2015 change to federal pleading requirements that caused patent owners to rush hundreds of cases into court in late 2015 to beat the deadline. “It sort of cheated the first two months of 2015,” is how Brian Howard, Lex Machina’s director of analytics services, put it.
Today Lex Machina is Releasing its 4th Annual Patent Litigation Year in Review Report and Offering a Webex to Review the Report
Dewey B Strategic, March 2, 2017
The report analyses filing trends, key decisions and timing of key events, settlement rates, damages and other key metrics. The report highlights top districts by case filings, top plaintiffs and defendants and law firms representing them.
Even as IP Filings Drop, Eastern District’s Rodney Gilstrap Is Still America’s Most Popular Patent Judge
Texas Lawyer, March 2, 2017
While patent infringement filings are down both nationally and in Texas according to a recent report, there’s still no question who the King of America’s patent docket is: U.S. District Judge Rodney Gilstrap of Marshall.
Lex Machina’s Patent Litigation Year in Review: 22% Decline in Patent Filings
Legal IT Professionals, March 2, 2017
Lex Machina, a LexisNexis company and creator of the award-winning Legal Analytics® platform, today released findings from its fourth annual Patent Litigation Year in Review report. The report examines key 2016 patent litigation trends and provides insights gleaned from quantitative data about federal district court cases, PTAB trials and ITC investigations. Lex Machina executives will review the findings in a live webcast today.
Copyright Litigation in 2016 saw Rise in Textile Plaintiffs, Decline in File Sharing Cases
IP Watchdog, February 15, 2017
In January, legal analytics firm Lex Machina released a copyright litigation report for 2016 which delivers findings on notable trends in U.S. copyright cases. Venue statistics in the Lex Machina report show that copyright cases are filed in districts which include cities which are centers of commerce for the industries which file the most copyright suits.
Legal Research’s Easy Button Moment
Slaw Magazine, February 15, 2017
I have been thinking of this blog post by Jean P. O’Grady from last September: “Lex Machina Launches New ‘Easy Button’ Analytics Apps to Compare Judges, Courts and Law Firms”. To my knowledge Lex Machina doesn’t literally call their system improvements an “easy button”, but the site developments and O’Grady’s description are symptomatic of this moment in how we discuss legal research: there is a desire to make legal research easier, and as technology improves this is becoming a reality.
#LegalTechLives with Josh Becker, CEO of Lex Machina
ROSS Intelligence, February 14, 2017
For this edition of #LegalTechLives I spoke with Josh Becker, CEO of Lex Machina and leader in legal innovation. Becker has a wide range of experience that includes being a Co-Founder of Dice.com and head of corporate development at Agile Software, that was bought by Oracle.
Predicting the Future of Legal Services
Prawfs Blawg, February 9, 2017
The analogy between self-driving cars and legal services innovation is not perfect, but it is instructive. Like predictions about the coming ubiquity of self-driving cars, predictions about the likely transformation of professional services are drawn from existing data and technology, not a speculative forecast about future capabilities.
Lex Machina’s New Analytics Apps Explore Damages and Parties
Law Sites, January 27, 2017
Over the last year, Lex Machina has rolled out a series of legal analytics apps designed to deliver answers for specific use cases. In September, I wrote about two of them, the Courts & Judges Comparator and the Law Firms Comparator. Others are Early Case Assessor, Motion Kickstarter and Patent Portfolio. Today’s announcement adds two more apps to this series.
Lex Machina Launches New Apps: Instant Insights into Litigation Damages and Parties
Dewey B Strategic, January 26, 2017
Today Lex Machina is releasing two important new apps: The Damages Explorer and the Parties Comparator which provide instant insights to litigators. Attorneys can use both apps to quickly model different strategic approaches – using information from the Lex Machina database that previously would have taken weeks to compile using a team of researchers.
What Lawyers Can Learn from Uber, Redux
Inside Counsel, January 17, 2017
Just like a driver who doesn’t know exactly where he’s taking his riders, a lawyer who isn’t totally sure what a client wants is likely to end up with a disgruntled client. Smart lawyers will deliver services that capitalize on both the tools that consumers already have at their disposal or consumers’ willingness to actively participate in solving their legal problem. More than that, however, lawyers need to know what the client wants and how to get them there before the process starts.
Lex Machina Litigation Report Shows 22% Drop in Patent Infringement Suits for 2016
IP Watchdog, January 17, 2017
In the patent world, it appears that the current litigation atmosphere is much less volatile than it has been in recent years. The fourth quarter of 2016 saw a total of 1,140 patent infringement cases filed in U.S. district courts, a small rise from the 1,126 patent lawsuits filed in the third quarter of the year. For the year, however, patent infringement cases dropped by 22 percent from the previous year, from 5,823 cases in 2015 down to 4,520 cases in 2016.
New Patent Complaints Drop To Lowest Level Since 2011
Law 360, January 12, 2017
Fewer patent cases were filed in 2016 than in any year since 2011, while the Eastern District of Texas maintained its position as by far the most popular patent suit venue for another year, according to a report released Thursday by legal analytics firm Lex Machina. A total of 4,520 new patent suits were filed last year, down 22 percent from 5,823 in 2015, the report found.
Graduating The Hype Cycle In alt.legal: Three Areas Of Change In 2017
Above the Law, January 4, 2017
Gartner, the technology research firm, maps “hype cycles” as a tool to track the life cycle of new technology. This hype cycle can be applied beyond technology to innovative business process, like practice management tools or lead generation for law firm marketers. Or perhaps we could even generously place alternative fee arrangements as an “innovation” as we track adoption and evolution of the practice.
Texas Law Firms Among Most Frequently Retained in Litigation Against Apple
Texas Lawyer, January 1, 2017
Apple Inc., known worldwide for its iPhones, holds another, less favorable distinction: The company ranks as one of the most popular targets for patent infringement plaintiffs nationwide and particularly in the Eastern District of Texas, where more of these cases have been filed than in any other federal district, and where courts, lawyers and even former judges have big stakes in the litigation.
The Four Consequential Patent Trends of 2016
IP Watchdog, December 30, 2016
As we turn the page onward to 2017, it’s a good time to take another look at some of the major trends shaping the IP and technology landscape in the United States and abroad. From increasing competition with an Asian powerhouse to the continuation of a misleading narrative about patent system abuses, the past year leaves us with many important narratives to consider for the year ahead.
Data Offers Deeper Legal Insights On How Judges Might Rule
The Lowdown, December 21, 2016
Steven Bauer, a patent lawyer at Proskauer Rose LLP, said that in a recent pitch to a company looking for the best place to file a patent-infringement lawsuit, he compared differences in speed and case outcomes from several courts.
A few clicks on Lex Machina showed that in recent years in the Northern District of Illinois, the median time to trial for a patent case is nearly four years, while in the Southern District of New York, it is roughly one year and eight months. The client is still deciding where to file the suit, Mr. Bauer said.
The 10 Most Important Legal Technology Developments of 2016
Law Sites, December 20, 2016
What were 2016’s most important developments in legal technology? Every year since 2013, I’ve posted my picks of the year’s top developments in legal tech. As another year wraps up, it’s time to look back at 2016.
LexisNexis Enters Startup Accelerator Scene
LegalTech News, December 12, 2016
LexisNexis is the latest organization to take on a technology accelerator, offering startups access to its data, tools and professional networks. Heading the effort is LexisNexis’ Lex Machina division, the Silicon Valley-based legal analytics software providers acquired by LexisNexis late last year. Lex Machina hosts the newly launched accelerator in its Menlo Park, California, offices, and CEO Josh Becker will head the program.
How Artificial Intelligence Is Revolutionizing the Legal Practice
American Bar Association, December 10, 2016
In November 2015, LexisNexis acquired Silicon Valley–based Lex Machina, which currently uses artificial intelligence for intellectual property litigation purposes. Brian Howard, a legal data scientist at Lex Machina, provided some interesting insight. According to Howard, “AI has transformed the legal field in a variety of ways, from predictive document coding systems for large document productions during discovery, to the kind of sophisticated NLP used by Lex Machina to provide analytics for district court litigation.”
Legal Tech Download: BigLaw Analytics And AI Investments
Law 360, December 9, 2016
Law360 takes a look at six of the biggest legal tech-related news developments over the past three weeks, including LexisNexis’ launch of a new legal technology accelerator, Dentons’ Nextlaw Lab’s investment in a Canadian AI contract review company, and the unveiling of Jackson Lewis’ new data analytics group.
LexisNexis and Lex Machina Launch Silicon Valley Legal Tech Accelerator
Law Sites, December 9, 2016
Aiming to help give legal tech startups a leg up, LexisNexis today announced the launch of a legal tech accelerator. It will be located in the Menlo Park, Calif., offices of its legal analytics unit, Lex Machina, and will be led by Lex Machina’s CEO Josh Becker.
Breaking News: LexisNexis/Lex Machina Launch Accelerator
Stanford Law School, December 8, 2016
This morning, LexisNexis announced “the launch of a new legal tech accelerator in Silicon Valley designed to give startups a leg-up in the rapidly expanding legal tech industry.” The LexisNexis Legal Tech Accelerator program will be based in the Menlo Park offices of Lex Machina and will be led by its CEO, Josh Becker, with support from LexisNexis Chief Technology Officer Jeff Reihl; Chief Product Officer Jamie Buckley; Vice President of U.S .Product Management Jeff Pfeifer; and Lex Machina Chief Evangelist Owen Byrd, the press release said.
The Relentless Advance of the Super-intelligent Attorney
Financial Times, December 6, 2016
Terms such as big data and artificial intelligence are buzzwords for senior managers in business, but they have been more or less ignored in legal circles. Now law firms are under pressure from clients to use the latest technology to cut costs and improve efficiency. California-based Lex Machina, which specializes in litigation research, counts Nike and Microsoft among its clients, while LegalZoom has set up to offer online legal advice to consumers.
Artificial Intelligence and Law
The IT Country Justice, November 18, 2016
My particular interest in AI has been in its application to the law so let’s have a brief look at that issue. Viewed dispassionately the proposals are not “Orwellian” nor do they suggest the elevation of “Terminator J” to the Bench. It may also serve to put a different perspective on AI and the future.
In a recent article, Lex Machina’s Chief Data Scientist observed that data analytics refined information to match specific situations.
Lex Machina Expands Legal Analytics Platform to Cover Antitrust Litigation
General Counsel News, November 17, 2016
Lex Machina, a LexisNexis company, announced the latest expansion of its Legal Analytics® platform into antitrust law, following its recent expansion into securities law in July.
In a release, the company said the move is part of the company’s ongoing plan to expand its Legal Analytics platform beyond intellectual property law to cover every federal practice area, including commercial, product liability, employment, commercial bankruptcy and more.
The Firms That Handle The Most Antitrust Litigation
Law 360, November 16, 2016
Several law firms have differentiated themselves in the high-stakes arena of antitrust litigation and have risen to lead the pack to become the go-to shops for clients seeking representation in antitrust cases in the U.S., according to a report released Tuesday.
Lex Machina’s Chief Data Scientist Talks Leveraging Analytics for the Modern Litigator
LegalTech News, November 16, 2016
Picture this: You’re building an antitrust case in Central California and want to get an idea of potential outcomes based on everything from judges, to districts, to decisions and length of litigation. In days of law past, coming up with an answer might involve walking down the hall and asking a partner or two about their experiences in such matters, then begin writing a budget around a presumed time frame.
Lex Machina Adds Third Practice Area to its Legal Analytics: Antitrust
Law Sites, November 15, 2016
The legal analytics company Lex Machina is announcing today its expansion into a third practice area, antitrust law. This follows its expansion in July to add securities law.
Until its acquisition last year by LexisNexis, Lex Machina had focused exclusively on intellectual property. Since the acquisition, it has been using LexisNexis’s collection of federal and state docket data to expand into other practice areas.
Lex Machina Launches Antitrust Litigation Module and Releases Report on Antitrust Litigation
Dewey B Strategic, November 15, 2016
When Lex Machina was acquired by LexisNexis last year, the company promised that the huge Lexis data archive would be leveraged to expand Lex Machina beyond its original intellectual property
offerings. Last summer they announced the launch of a securities analytics product. Today they are announcing the launch of an antitrust analytics product.
Intellectual Property Thought Leader Interview With Mark Lemley
Stanford Law School, October 31, 2016
Mark A. Lemley is an intellectual property thought leader who wears many hats. Mark is the William H. Neukom Professor of Law at Stanford Law School, a founding partner of the Durie Tangri LLP law firm, and co-founder and Board of Directors member of the data analytics company Lex Machina. Mark has authored numerous books, law review articles, and amicus briefs. He has argued many federal appellate cases and has won numerous awards for his work in the field of intellectual property law.
America’s Biggest Filer of Patent Suits Wants You to Know It Invented Shipping Notification
The Wall Street Journal, October 27, 2016
Like almost every online retailer, Spice Jungle LLC emails tracking numbers to customers when they place orders. That’s why the small firm was dumbfounded when it received a demand to pay $25,000 for the right to do so. Spice Jungle is among more than 100 mostly small companies sued in 2016 by Shipping & Transit, whose litigiousness makes it the largest filer of patent lawsuits in the U.S. this year, according to legal analytics firm Lex Machina.
Lex Machina Releases Data on Design Patent Litigation Showing Strong Correlation With Trademark Infringement Actions
IP Watchdog, October 26, 2016
This fall, a seemingly minor part of the U.S. patent system grabbed a great amount of attention when a case involving design patents was heard before the U.S. Supreme Court. The legal issue at question in Samsung Electronics Co. v. Apple asks SCOTUS to consider whether an award for design patent infringement damages should be the total profits of the sale of the infringing article of manufacture, which is the current statute, or whether damages should be limited to the profits attributable to those components covered by the design patents.
Lex Machina IP Litigation Report for Q3 2016 Reflects a Downward Trend in Patent, Trademark Suits
IP Watchdog, October 20, 2016
On October 11th, legal analytics firm Lex Machinareleased an intellectual property litigation report covering the third quarter of 2016. The report indicates that IP litigation in U.S. district courts is declining across the board, although the potential for volatility still exists in certain sectors thanks to some important players.
US Bank Earnings: 5 Things to Look Out For
Financial Times, October 14, 2016
For the big US banks, almost all of the Lehman-era matters appear to be in the rear-view mirror. But that does not mean that new threats are not lurking. The third quarter saw 327 new securities-case filings, according to Lex Machina, an analytics company — the highest quarterly total since 2009, and about one-third higher than the quarterly average since 2011.
2016 Could Be Slowest Year for US Patent Litigation since 2011: Report
World Intellectual Property Review, October 12, 2016
This year looks set to be the slowest for US patent lawsuits since 2011, according to intellectual property litigation research company Lex Machina.
New Patent Filings Down In 2016, Lowest Since 2011: Report
Law 360, October 11, 2016
2016 is on pace to log the fewest number of new patent cases since 2011, according to a quarterly intellectual property litigation trends report released on Tuesday by legal analytics firm Lex Machina. There were 3,376 new patent cases filed during the first three quarters of 2016, the lowest number of filings during the equivalent periods since 2011, when there were 2,484 cases filed during the first three quarters, according to the data compiled by Lex Machina, a unit of LexisNexis.
Patent Lawsuit Numbers Continue Their US Tumble; IPR cases, Though, are Back Up
IAM, October 11, 2016
According to Lex Machina’s current prediction for the year, 2016 will see a total of just over 4,700 new lawsuits. This would be the lowest level since 2011. Over the last four years litigation volumes have been at unprecedented levels thanks, in large part, to new joinder rules introduced by the America Invents Act.
The Early Years Begin for AI’s Transformation of Law
Corporate Counsel, October 5, 2016
Artificial intelligence’s (AI) entrance into any profession often features an odd mixture of ominous predictions from affected workers and executives extolling the virtues of ‘innovation,’ ‘change,’ and whatever other flashy, vague adjectives apply to the situation. Yet between the hype and horror lies a more moderate, less sexy truth that proceeds on a slower trajectory than vocal pro-and-opponents would have you believe.
Meet Hal 9000, Esq.: How A.I. & Big Data Are Reshaping The Legal Profession
Forbes, October 4, 2016
To understand the history of civilization, one must chart the ever-progressing convergence point of technology and humanity. Ours is a continuous story of disruption and adaptation, driven by innovation.
Five AI Pioneers to Watch
LegalTech News, September 29, 2016
Traditional legal analytics platforms extract metadata and core content from documents and present them in an easy-to-interpret layout. Enter Lex Machina, whose AI engine expands analytics’ capabilities through understanding content on an almost human level. Brian Howard, legal data scientist at Lex Machina, says that the platform analyzes “unstructured data in docket entry text and court filings to recognize and extract key pieces of information, like the patent numbers of asserted patents, and to categorize the data, like whether this motion is seeking summary judgment.”
These Firms Lead The Pack in Handling Securities Suits
Law 360, September 23, 2016
As investors and companies battle in courts from Manhattan’s southern tip to downtown San Francisco, a handful of defense and plaintiffs firms likewise tussle for control of high-stakes cases — and a few firms have established themselves as the go-to for bet-the-company litigation.
No More Secrets: These New Apps Dive Deep Into Law Firm Performance
The AM Law Litigation Daily, September 20, 2016
Like a kid in a candy shop. That’s how I feel about two new apps by Lex Machina that launch this week, the Law Firms Comparator and the Courts & Judges Comparator. Lex Machina let me play around with them before their official debut. Along with other Lex Machina offerings, the apps provide a deep, data-driven level of scrutiny of law firms, litigators and judges.
Lex Machina Unveils New Comparator Apps to Simplify Use of Analytics
Law Sites, September 20, 2016
Lex Machina today unveiled two “comparator apps” designed to make it simpler to access specific types of analytics insights. One, the Courts & Judges Comparator, allows up to four federal judges and courts to be compared for caseloads, case timelines, and other analytics. The other, the Law Firms Comparator, allows the same sorts of comparisons for up to four law firms.
Analytics in Apps: Lex Machina Releases Federal Court, Law Firm Comparator Apps
LegalTech News, September 20, 2016
Growing its topic-focused legal app offerings, Lex Machina announced the release of two apps—the Courts and Judges Comparator and the Law Firm Comparator—on its analytics platform to better assist attorneys in quickly finding and leveraging comparative data.
Owen Byrd, Lex Machina’s general counsel and chief evangelist, noted the impetus behind launching the apps was attorney demand for a streamlined, easy-to-use interface for interpreting court and law firm’s data.
Lex Machina Launches New “Easy Button” Analytics Apps to Compare Judges, Courts and Law Firms
Dewey B Strategic, September 20, 2016
Lex Machina is not a hard product to use. It is loaded with data and offers lawyers an infinite landscape of data permutations. As I have often said “lawyers don’t want research products that make them feel like they are wiring a powerplant. They want to flip a light switch. In 2014 Lex Machina launched three desktop ‘” apps”: the early case assessor,the motion kick starter and the patent portfolio evaluator. These are the “light switches” of litigation data discovery. Today they are announcing the release of two more “apps” the court and judges comparator and the law firm comparator.
Can Data Be Your Litigation Edge? A Conversation With Lex Machina’s Owen Byrd
Above the Law, August 10, 2016
Although the data Lex Machina provides is complex, the idea behind the product is simple. The way that companies have traditionally hired lawyers and won cases is not correlated with the only metric that matters: winning. Lex Machina mines million of pages of legal documents to allow lawyers to see which lawyers are litigating in front of specific judges and how they are performing. Today, I’m joined by Lex Machina’s Owen Byrd to discuss the company’s move into securities litigation.
A Closer Look at the Busiest Month of Patent Litigation on Record
IAM, July 29, 2016
Last November saw a huge spike in new patent case filings as plaintiffs brought lawsuits before new, more detailed pleading standards came into effect on 1st December. That led to 847 cases being filed, far in excess of typical monthly numbers – something that helped to make 2015 the second busiest on record.
Patent Litigation Returning to Pre-2013 Levels, Says Lex Machina
IP Watchdog, July 27, 2016
With many story lines abounding, a data-based view of the current intellectual property landscape is always useful. Recently, legal analytics firm Lex Machina published an IP litigation trends report for the second quarter of 2016. Although the quarter saw an uptick in patent litigation from the year’s first quarter, there is some reason to believe that such litigation is currently in a downward trend.
Lex Machina Unveils Legal Analytics for Securities Lawyers
Dewey B Strategic, July 21, 2016
Today Lex Machina launched the first analytics product for securities litigators at event in New York City, which was held at the Park Avenue Gansevoort Hotel. I had the opportunity to attend today’s event featuring two of Lex Machina’s top executives.
Copyright Lawsuits Over Online File-Sharing Drop in 2016 Q2, Study Says
LegalTech News, July 21, 2016
There are fewer copyright lawsuits over online file-sharing in the United States, according to a new study comparing recent quarters. Lex Machina reports in its “2016 Second Quarter IP Litigation Trends” blog post that there were 249 file-sharing lawsuits filed in Q2 of 2016, compared to 517 cases in a previous quarter.
Lex Machina Expands Analytics from IP into Securities Law; Other Practice Areas to Follow Starting in September
Law Sites, July 21, 2016
Until today, Lex Machina had focused exclusively on intellectual property. But ever since its acquisition by LexisNexis, Lex Machina has planned to use LexisNexis’s extensive collection of federal and state docket data to expand into other practice areas, starting with federal practice areas.
File-sharing Lawsuit Numbers Drop by More Than Half
ARS Technica, July 19, 2016
The number of copyright lawsuits in the US over online file-sharing have dropped significantly this year, according to data compiled by Lex Machina. Data released by the legal research company shows there were 249 file-sharing lawsuits filed in the second quarter of 2016, compared to 517 cases the previous year.
Big Data: Changing the Way We Work
The Law Society Gazette, July 18, 2016
The speed at which data is being created and how it is analysed are changing the legal world. Some 90% of data in the world today was created in the last two years. Crunching data can be useful in helping to accurately predict the outcome of litigation or other legal decisions. The Californian start-up Lex Machina, which specialises in IP litigation research and counts Google and Nike among its clients, creates structured datasets from publicly available data.
Law Professors Call for Patent Venue Reform
Patently-O, July 13, 2016
A group of 45 professors sent the following letter to Congress arguing for statutory reforms to limit venue in patent infringement cases. One focus of this move is to direct intention toward a focused and limited action rather than another round of comprehensive patent reforms.
First Half US Patent Litigation Down Dramatically with New Suits Falling by Almost 1,000
IAM, July 5, 2016
New patent lawsuit in the US were down by close to 1,000 filings in the first half of 2016 compared with the first six months of 2015, providing a further indication that the marked drop off in cases since December may be part of a longer-term trend.
The Muscle Patents
NPR, June 10, 2016
Bodybuilders are competitive. They are tough. And when former-bodybuilder Jared Wheat was pushed, he pushed back.
Wheat runs a company that makes workout supplements. But now, he is being sued over a patent on arginine, an ingredient of some of the products he sells.
Lex Machina Trademark Litigation Report Shows Heavy Enforcement Activity for Luxury Fashion and Bong Brands
IP Watchdog, June 10, 2016
Although fashion brands are earning the highest number of damages from its trademark infringement suits, it does not necessarily follow that these brands are the most valuable but perhaps the easiest to copy. We got a chance to speak with Brian Howard, Lex Machina legal data scientist and a co-author of the report, and he noted that unlike patents, where IP owners can wait to file suit after infringement has been spotted, trademark owners must protect their mark quickly or risk losing their rights to the mark.
Technology Intellectual Property: Patently Obvious
Financial Times, May 31, 2016
More companies should think about monetising their innovations. Not every Silicon Valley company with rich intellectual property bothers to defend it. Altruistic, perhaps, but it is also a recipe for an activist attack. Unprotected IP is money on the table.
Trademark Suits Down as Research Reveals Most Litigious Companies (and the Firms That Represent Them)
World Trademark Review, May 27, 2016
New data from Lex Machina has highlighted a fall in trademark litigation filings in the US, with case numbers in the first quarter of this year at a seven-year low. If this trend continues, it will ring alarm bells in law firms that rely on contentious work for their revenue streams.
Fashion Brands Top List of Most Active Trademark Lawsuit Filing Parties
GQ Magazine, May 24, 2016
Fashion brands have earned prominent placement on a list of companies that are most consistently monitoring unauthorized uses of their names and logos (read: trademarks), and initiating legal action in connection therewith. According to a report published compiled by legal analytics data firm, Lex Machina, which released its second annual trademark litigation year in review report.
Litigation Numbers are Falling in East Texas, But it’s Still Predicted to be the Second Busiest Year on Record
IAM, May 24, 2016
One of the stories of the year so far has undoubtedly been the dramatic fall in US patent litigation filings in the first quarter. What we don’t know quite yet is whether Q1 presaged a longer trend or represents a short-term correction. According to the most up-to-date figures from Lex Machina, new filings remain well down year-on-year.
Trademark Filings Dip Slightly in 2015: Report
Bloomberg Law, May 24, 2016
Trademark filings dipped slightly in 2015, but have for the most part remained steady over the last seven years, according to a report released on Monday. The report, which is produced by data analytics company Lex Machina and draws on seven years worth of data from federal court dockets, says 3,532 trademark cases were filed in 2015, compared with 4,307 in 2014.
Fashion Firms Active in Trademark Litigation
WWD, May 23, 2016
Fashion firms have been active in protecting their marks, according to Lex Machina’s data on trademark litgation cases in federal court.
Coach was the leading plaintiff in trademark cases filed, with 676 cases. Chanel was second with 330 cases. Deckers Outdoor Corp. was high on the list, totaling 164 cases filed. Another fashion firm that made the top 16 was Louis Vuitton Malletier SA, which had 81 cases.
Calif.’s Central District Has Most Trademark Cases: Report
Law 360, May 23, 2016
The Central District of California, the Southern District of New York and the Southern District of Florida were the top three venues for trademark litigation from 2009 through the first quarter of 2016, according to a report issued Monday by legal analytics company Lex Machina. French fashion house Chanel was awarded the most damages — nearly $1 billion — during the time period, followed by Burberry Ltd. with $523 million and Gucci with $208 million, the report says.
Trademark Litigation Steady, Report Finds
Corporate Counsel, May 23, 2016
Legal analytics company Lex Machina has released its 2016 Trademark Litigation Report, the company’s second annual trademark study of key metrics, including filings, findings, remedies and damages in trademark cases. The amount of trademark litigation filed each year in the U.S. has remained fairly steady over time, but the Central District of California, the Southern District of New York and the Southern District of Florida were the most popular districts for trademark lawsuits.
Fashion Brands Top List of Most Active Trademark Lawsuit Filing Parties
The Fashion Law, May 23, 2016
Fashion brands have earned prominent placement on a list of companies that are most consistently monitoring unauthorized uses of their names and logos (read: trademarks), and initiating legal action in connection therewith. According to a report published compiled by legal analytics data firm, Lex Machina, which released its second annual trademark litigation year in review report.
Trademark Lawsuit Filings In Decline
Search Marketing Daily, May 23, 2016
Chanel, Deckers, Tiffany, Louis Vuitton, Gucci, and Coach were the most common parties to “win relinquishment of a domain name” in cybersquatting cases this past year, according to data released Monday. The report shows that the Central District of California was the most popular district for trademark filings.
How AI And Crowdsourcing Are Remaking The Legal Profession
Fast Company, May 11, 2016
“The legal industry is ripe for innovation,” says attorney and journalist Robert Ambrogi, who covers the role of technology in law. In an influential April 13 blog post, Ambrogi proclaimed a boom in legal tech startups based on a more than doubling of listings on startup directory AngelList. The innovation upsurge may in part be generational. “If you make partner today in a law firm, and if you were in college with Google, you have different expectations of technology,” says Josh Becker, CEO of Lex Machina.
How Artificial Intelligence Helps Lawyers Compete in Today’s Data-driven World
IP Watchdog, May 5, 2016
“AI has transformed the legal field—from predictive coding systems for large document productions during discovery to sophisticated NLP to provide analytics for litigation,” says Brian Howard, legal data scientist, Lex Machina, a LexisNexis company providing legal analytics to companies and law firms.
The Small Town Judge Who Sees a Quarter of the Nation’s Patent Cases
Motherboard, May 5, 2016
The first thing people tell you about Judge Rodney Gilstrap is that he’s not from Marshall. In the small Texas city (population 24,000) east of Dallas where he presides as a US district court judge, where you’re from matters, and the 59-year-old Gilstrap was actually born in Pensacola, Florida.
Using Data to Select External Counsel
Lexpert, May 2, 2016
The way in which in-house legal departments assess, select and evaluate external counsel continues to bear remnants of the Stone Age, according to some observers. Data metrics – the science of uncovering hidden patterns from raw data – is increasingly being used as a tool to evaluate and choose outside counsel.
How AI Can Be Applied in Law
Let’s Talk Payments, April 28, 2016
One of the examples of companies applying data mining and predictive analytics techniques to forecast outcomes of IP litigation is Lex Machina, which was also mentioned in the report. But the innovators from Lex Machina went further with Motion Kickstarter, a solution that helps attorneys to compare the arguments and motion styles that have been successful before a specific judge.
Data Analytics and Your Law Firm
Law Technology Today, April 28, 2016
Predictive analytics are often used by businesses for marketing, helping them identify trends that impact consumer buying. However, as Owen Byrd, general counsel for Lex Machina,points out, firms now use analytics to predict the behavior of judges, juries, and venues based on past cases tried in those environments. By having access to this data early on, law firms can prepare accordingly and have an edge before the trial even begins.
Drug Price Debate: Can An Obscure Supreme Court Patent Case Lead To Lower Prescription Prices?
International Business Times, April 28, 2016
In the current system, a patent can be challenged in one of two ways. One is to go through a federal court. Another is to go through the Patent and Trademark Office through a procedure known as Inter Partes Review. Those two venues use two different standards for the same purpose of examining a patent and deciding whether it’s valid.
Pharma Patent Battles Up 68 Per Cent in 2015, Study Finds
Global Legal Post, April 27, 2016
A new study published by legal analytics group Lex Machina has found that the number of ‘ANDA’ filings—patent litigation filings which relate to new drug applications before the US Food and Drug Administration—rose around 68 per cent for 2014-2015 when compared to the average for the last five years.
The Firms That Handle The Most ANDA Patent Cases
Law 360, April 26, 2016
Patent suits over abbreviated new drug applications have increased significantly over the last two years, and a handful of major firms have positioned themselves as the go-to counsel for the high-stakes cases, handling more of them than any other firm, according to a report released Tuesday.
Pharma Patent Battles Seeing Steep Increase
Corporate Counsel, April 26, 2016
The number of patent litigation filings related to new drug applications before the U.S. Food and Drug Administration, commonly known as ANDA (Abbreviated New Drug Applications) filings, increased 68 percent in 2014-15 compared with the average number of cases filed in each of the previous five years,a new report by the legal analytics company Lex Machina says.
IP Litigation Report Shows Downward Trends in Patent, File Sharing Copyright and IPR Cases
IP Watchdog, April 26, 2016
Intellectual property litigation analytics firm Lex Machina has recently released a report identifying trends in IP litigation which have played out over the course of the first quarter of 2016. The first quarter saw some interesting developments in regards to decreases in certain types of litigation throughout the IP world.
In the Big Verdicts Arena, Don’t Mess with Texas
National Law Journal, April 25, 2016
The Lone Star State had 18 of the top 100 verdicts in 2015, beating out California and Florida. In fact, three of the top 10 verdicts came out of Texas — only one of which was an intellectual property verdict coming out of the U.S. District Court for the Eastern District of Texas. In all, three came out of that district, despite its status as home to nearly 44 percent of all patent cases filed in 2015, according to an annual report released last month by Lex Machina, a legal analytics firm in Menlo Park, California.
Icon Of IP: Durie Tangri’s Mark A. Lemley
Law 360, April 22, 2016
Lemley heads the Stanford Program in Law, Science & Technology. He also co-founded data analytics company Lex Machina Inc. and boutique intellectual property firm Durie Tangri LLP, which counts some of Silicon Valley’s largest players among its clients.
Avoiding The Pitfalls Of Researching Attorneys In PACER
Law 360, April 21, 2016
PACER (Public Access to Electronic Court Records, the court system’s website) can be a powerful tool for users seeking case and docket information from federal courts, but users should exercise care when relying upon some of its data — especially the attorney information contained in the more than one billion documents currently housed in its database.
New Patent Suits in Q1 Hit Lowest Level Since 2011
Recode, April 12, 2016
For a while it seemed that everyone was suing everyone over patents, especially in the world of mobile technology. However, there may be some hope that things are at long last on the wane. There were only 955 patent suits filed in the first quarter of 2016, the lowest level since 2011, according to legal analytics firm Lex Machina.
Patent Suits Down in 1Q. Is This Just a Litigation Lull?
Corporate Counsel, April 11, 2016
The number of patent lawsuits filed in the first quarter of 2016 dropped to its lowest point since 2011, according to entities that track patent litigation data. But this does not mean the patent litigation tide is finally turning. “It’s possible what we saw in December through February was the low tide surrounding a tidal wave,” Howard said. “And the climb up to 390 in March is within the norm of 2015.”
Patent Litigation Report Shows Samsung Overtaking Apple as Top Defendant in 2015
IP Watchdog, March 31, 2016
IP litigation research firm Lex Machina has recently released a 2015 year in review report looking at the world of patent litigation. Back in January, we here at IPWatchdog had reported on some patent litigation trend highlights reported by Lex Machina, which had developed over the past year.
Perspective: The Divide at the Heart of Legal Tech
Bloomberg BNA, March 29, 2016
According to business wisdom, you must “know what you’re selling.” Many products make it easy by having well-defined “specs” that are part of the sales pitch. When it comes to legal tech, however, knowing what you’re selling means understanding a complex activity – legal interpretation.
The Blame Game: Why Hasn’t the Patent Office Done Anything About Low Quality Patents?
Ip Watchdog, March 23, 2016
To listen to many tech CEOs, there has been an unchecked scourge on the patent system for the better part of the last generation. There are apparently many patents that shouldn’t have issued. While the problem is defined there has been great reluctance to say what such a conclusion must necessarily mean.
Lex Machina Report Confirms What We All Know: It’s Tough Being a Patent Plaintiff in the US These Days
IAM, March 18, 2016
Lex Machina released its patent litigation in review 2015 earlier this week and many of the headline numbers from the data provider’s annual deep dive are fairly well known by now. As ever with this report, however, it is the depth and context that Lex Machina adds where the real value lies. Samsung Electronics America, for instance, took top spot as defendant ranked by new cases with 64 suits filed against.
Report: 2015 Saw a Near-Record Number of Patent Cases
Corporate Counsel, March 16, 2016
Data analytics company Lex Machina published its annual year in review on patent litigation on Tuesday, confirming that 2015 saw a near-record number of patent cases filed in district courts, with more than 43 percent of those filed in the Eastern District of Texas. While patent attorneys may already be aware of these findings, the data also reveals new information that can prove useful to companies and their attorneys.
Supreme Court petition 15-777 (Samsung v. Apple) closely watched by IP lawyers, relisted for this Friday
Foss Patents, March 16, 2016
Earlier this month (on Friday, March 4), the Supreme Court of the United States already had Samsung’s December 2015 petition for writ of certiorari (request for Supreme Court review) in Apple’s design patents case on its agenda. It’s nothing unusual for a case to be relisted, and it happened in this case.
Survey: Almost Half of all 2015 Patent Suits were Filed in EDTX
IP CloseUp, March 16, 2016
The Eastern District of Texas (E.D. Tx.) is responsible for almost half of all patent suits filed in 2015, and one judge, Rodney Gilstrap, is handling 80% of the cases, 1,686 of them. This is part of the findings of the latest “Patent Litigation Year in Review” just out from IP analytics firm Lex Machina.
Report: Patent Litigation Bounced Back, Migrated to Texas in 2015
Bloomberg BNA, March 15, 2016
The number of patent cases filed in federal court jumped up in 2015, and the Eastern District of Texas emerged as the single most popular place to file cases by a large margin, according to a report scheduled for release on Wednesday.
Issued by data analytics company Lex Machina, the report looks at intellectual property litigation in U.S. District Courts, using data mined from PACER, the federal courts database.
Samsung and Apple Were Top Targets for Patent Suits in 2015
Fortune Magazine, March 15, 2016
The country’s two most popular phone makers, Apple and Samsung, are still getting smacked by dozens of lawsuits from so-called “patent trolls,” which are shell companies that make no products. Meanwhile, a single district in Texas, which the late Justice Antonin Scalia once branded a “renegade jurisdiction,” continues to occupy an outsize role in this ongoing patent pileup.
The Firms That Landed The Most Patent Suits Last Year
Law 360, March 15, 2016
A new Lex Machina report highlights the firms that worked on the most new patent litigation last year at the district court level for plaintiffs and defendants. Here, Law360 takes a closer look at the top firms in each category. As part of Lex Machina’s patent litigation report for 2015, which is set to be released Wednesday, it found that McCarter & English LLP handled the most newly filed patent cases for plaintiffs, holding a steep lead with 121 cases.
Four Years of US Patent Litigation: an Infographic
IAM, February 16, 2016
We asked Lex Machina for the data on new cases filed each month since the start of 2012. We then turned that into a graph and annotated it with key events over the course of the last four years. Not all of them have a direct impact on the filing of lawsuits but they help put the numbers in greater context.
Tech Round Up: Lex Machina Upgrades its Attorney Search Engine
Bloomberg BNA, February 12, 2016
Lex Machina, a litigation data analytics company, announced it has added an improved Attorney Search Engine to its platform, so that users can more accurately track which attorneys work on any particular case. According to Owen Byrd, the company’s general counsel, the program uses natural language processing to search the signature block of litigation filings, and also to see which attorneys were admitted to a case on a “pro hac vice” basis.
Lex Machina’s Releases the Attorney Data Engine
3 Geeks and a Law Blog, February 10, 2016
One of the best features that Lex Machina provides for Intellectual Property attorneys is their increased accuracy of information pulled from PACER. Now Lex Machina has turned its focus on cleaning up another annoyance found in PACER data, as well as many of the other platforms that pull data from PACER.
Delaware, New Jersey Attorneys May Access New Data First
Delaware Business Times, February 9, 2016
Lex Machina, a LexisNexis company and creator of Legal Analytics today released Attorney Data Engine, which aims to improve the quality and accuracy of attorney data for District Court cases. “With our new Attorney Data Engine, Lex Machina continues to innovate and push the boundaries of legal analytics,” said Karl Harris, vice president of products at Lex Machina.”
Lex Machina’s New Attorney Data Engine Takes on PACER for Court Data
LegalTech News, February 9, 2016
Here’s a quick quiz: Who were the law firms who have worked on the numerous Apple v. Samsung court battles? In fact, I’ll even make this an open note quiz, and you can use any platform you’d like. Now… headed to PACER, aren’t you?
New Lex Machina Feature Corrects Erroneous Lawyer Listings in PACER
Law Sites, February 9, 2016
Legal analytics company Lex Machina — which LexisNexis acquired in November — is introducing a new feature today that is designed to correct and improve upon the information PACER provides about attorneys of record in federal district court lawsuits.
Called the Attorney Data Engine, it leverages various data sources extracted from PACER to correct the data that PACER does provide about attorneys.
One-Fifth of All IPR Petitions Denied Institution According to 2015 PTAB Report
IP Watchdog, February 9, 2016
The Lex Machina PTAB report summarizes trends in petitions filed since the administrative body was formed in September 2012 through petitions terminated as late as December 2015. The 2,700 PTAB petitions analyzed in this report are more than half of the total petitions filed at PTAB; this study doesn’t include data from petitions that haven’t terminated as of yet.
Data Analytics: The Art of The Win
Legal Talk Network, February 1, 2016
In this episode of Law Technology Now, host Monica Bay interviews Lex Machina CEO Josh Becker. Together, they discuss the value of data analytics when it comes to making decisions in litigation. Organizations like Becker’s are able to collect data points that show, among many other things, the historic instances of judges ruling on certain motions, wins vs. losses of opposing counsel, and the length of proceedings.
Report Finds That PTAB is Less Harmful to Patent Owners Than Many Believe
Tech Transfer Central, January 27, 2016
A recent report by legal analytics firm Lex Machina finds that patents brought before the U.S. Patent Trial and Appeal Board (PTAB), which has a general reputation for stifling intellectual property owners, are less at risk than many observers think. But the study by Lex Machina, which examines all 2,700 decisions from the Board’s first three years of operation, finds that patents are surviving the process 66% of the time.
For First Time an Apple Patent is Challenged at PTAB and it’s One at Heart of Tussle With Samsung
IAM, January 26, 2016
The Apple patent that might become subject to the review is the so called “tap-to-zoom” patent – number 7,864,163 – which is one of the utility filings that Samsung was found to have infringed by a jury in the Northern District of California. Damages from that case against the Korean tech giant were originally set at just over $1 billion but have since been challenged and revised.
In the Death Squad’s Sights – the Most Challenged Patents at the PTAB
IAM, January 22, 2016
Last February we wrote about the number of CBMs that had been filed against NPE Smartflash by Apple, Google and Samsung. That story came just after Smartflash had bagged an initial $533 million award against the Cupertino-based giant – an award which is now the subject of a retrial. Given Virnetx’s serial harassment protests I asked Lex Machina to compile a list of the most frequently challenged patents at the PTAB.
What Analytics Says About Patent Trials
Datanami, January 22, 2016
Obtaining a patent is the best way to protect your intellectual property, but sometimes you must defend that patent in court. Lex Machina, a provider of analytics for the legal industry, recently used its big data capabilities to analyze what’s going on at the federal Patent Trial and Appeal Board (PTAB).
Apple Tried to Kill More Patents Than Anyone Else, By Far
Fortune Magazine, January 21, 2016
Apple is in a curious position when it comes to patents. It owns piles of them, and its lawyers regularly deploy them to beat the stuffing out of rival Samsung. According to a new report by legal analytics company Lex Machina, Apple filed 252 so-called PTAB challenges since September of 2012, which is nearly 100 more than the second top filer, Samsung.
Report Debunks Claim That PTAB Kills Off Patents
Corporate Counsel, January 21, 2016
In a report released on Thursday, the legal analytics company Lex Machina summarized key trends at the PTAB and provided information about petitioners, judges, law firms, the average duration of cases and data on trial outcomes. Lex Machina reports that 20 percent of terminated PTAB petitions were denied institution, and another 19 percent were settled before the institution decision was reached.
Lex Machina’s Legal Analytics for PTAB Generates Data on Demand
LegalTech News, January 21, 2016
A new report from Lex Machina revealed some interesting trends about trials at the Patent Trial and Appeal Board (PTAB). The “Lex Machina Patent Trial and Appeal Board 2015 Report” highlighted these recent findings derived from Lex Machina’s Legal Analytics for PTAB offering, regarding such areas as inter partes review (IPR) and covered business method (CBM) petitions, as well as terminated trials.
Foss Patents Blog Study Reveals Apple and Samsung are the Leading Utilizers of So-called ‘Patent Death Squads’
Foss Patents, January 21, 2016
Today I received a really interesting Lex Machina press release. Its new “Patent Trial and Appeal Board 2015 Report” provides lots of insight about last year’s trials before the United States Patent and Trademark Office’s (USPTO) Patent Trial and Appeal Board.
How Analytics Can Inform Early Strategy In Patent Cases
Law 360, January 20, 2016
Data-centric lawyering may represent the biggest change in law since research moved from books to computers. Today, technology-savvy lawyers are routinely mining publicly available litigation data to make predictions about how parties to litigation, judges and opposing counsel are likely to behave.
PTAB Not Such a Threat to Patents, Report Says
Bloomberg, January 20, 2016
When the Patent Trial and Appeal Board first started deciding cases in 2012, intellectual property specialists worried the U.S. Patent and Trademark Office had created a patent-eating monster. Of the first 20 challenges that made it to a final decision, 17 resulted in losses for the patent holder.
2015 Litigation Trends Highlight Increased Patent Litigation, Decreases in File Sharing Cases
IP Watchdog, January 8, 2016
On Thursday, January 7th, legal data analytics firm Lex Machina published a report on litigation trends through 2015 for a range of intellectual property sectors. In general, the published data indicates that patent infringement cases rose through the 2015 calendar year while trademark infringement cases remained consistent and copyright infringement suits dropped sharply compared to recent quarters.
Eastern Texas Had an ‘Astounding’ Number of Patent Cases in 2015
Corporate Counsel, January 7, 2016
Patent litigation soared in 2015, and nearly 44 percent of the year’s new lawsuits were filed in the Eastern District of Texas, legal analytics company Lex Machina reported Thursday. “It’s astounding that one district would capture more than 40 percent of all the cases filed,” said Brian Howard, Lex Machina’s legal data scientist.
Although 2015 was a Big Year for US Patent Litigation, Look Behind the Headlines to See the Emerging Reality
IAM, January 7, 2016
There’s no doubt that many observers expected that 2015 would see another fall in litigation after the drop in 2014. Prevailing market conditions, and the climate in the courts in particular, which has become increasingly hostile for plaintiffs, made the case for a drop in 2015 a compelling one. Erich Spangenberg, the founder of IPNav who knows more than most about district court litigation in the US, even made a continued decline one of his predictions for 2015. He was at least quick to concede that he had got that one wildly wrong.
The Value of Data-Driven Decision Making in the Law
Ari Kaplan Interview, December 15, 2015
I spoke with Karl Harris, the Vice President of Products for Lex Machina, a software-as-a-service provider of data analytics for patent and trademark litigation data, recently acquired by LexisNexis, where he leads all product management, development, and strategy. We discussed Lex Machina’s custom insight apps designed to help lawyers leverage information to win cases and close business, how they integrate with Lex Machina’s legal analytics platform, the tools it is launching, and where the sector is headed in 2016, among other topics.
4 Legal Tech Trends To Watch For In 2016
Above the Law, December 14, 2015
Although the fact that numbers were not disclosed in Lexis Nexis’ purchase of legal analytics company Lex Machina, the acquisition itself is significant. Will Lex Machina be able to scale its business with the backing of Lexis Nexis and will analytics be a tool that every firm begins to use in order to get a leg up? But that’s not the only reason the acquisition is meaningful. In 2016, every CEO trying to build an analytics startup will point to the Lex Machina acquisition as evidence of potential acquirers.
Lex Machina Enhances Patent Litigation Analytics And Microsoft Simplifies OneDrive Access
Above the Law, December 8, 2015
For Lex Machina subscribers and big data enthusiasts, it’s not the end of the Silicon Valley-based data analytics provider but the awakening of legal analytics in areas beyond intellectual property, such as discrimination and employment law. If you have doubts that Lex Machina will operate independently of the mother ship, check out the company’s recent news release on PTAB 2.0.
Legal Knowledge Management and the Rise of Artificial Intelligence
CIO Review, December 8, 2015
The new era of legal analytics focuses on attorney strategies and success. Startup companies looking to disrupt the LexisNexis and West duopoly on legal information are offering variations on what is being referred to as “moneyball for lawyers.” Lex Machina crunches court data to inform attorneys where best to litigate patents. Ross Intelligence applies IBM’s Watson to enhance bankruptcy practices.
2015 Innovator Awards: Lex Machina
The Recorder, December 4, 2015
The Company’s patent analytics platform has stirred demand for data analytics across the legal industry. Even while blazing the trail, Lex Machina has been continually reinventing its products and itself, having just this year expanded from patent law to trademark and copyright litigation as well. “Machine learning is just as it sounds. Every night the machine crawls these documents, it gets a little smarter.”
Lex Machina Upgrades Legal Analytics Platform to Aid PTAB Case Strategies
Law.com, December 3, 2015
“We have taken legal analytics for PTAB to the next level,” said Josh Becker, CEO of Lex Machina, in a statement. “In today’s dynamic patent litigation environment, lawyers need to look at all litigation options, including PTAB, district court and the International Trade Commission, in order to present the best legal strategy or patent defense. Our legal analytics for PTAB makes it easy for lawyers to evaluate every conceivable angle and create data-driven strategies that win cases.”
Lexis Buys Stanford Spinoff Lex Machina
The Recorder, November 23, 2015
Legal research provider LexisNexis Group has acquired Lex Machina, a first mover in the area of litigation analytics, the companies announced Monday. The move will expand offerings to Lexis users and could rapidly deploy Lex Machina’s technology to areas beyond its roots in intellectual property.
While the financials of the deal were not disclosed, Lex Machina CEO Josh Becker said the Silicon Valley-based company will continue to exist as a subsidiary of LexisNexis, allowing it to maintain its culture and continue to develop the product with the support of the larger organization.
LexisNexis Acquires ‘Legal Analytics’: Lex Machina
Above the Law, November 23, 2015
“The only thing inhibiting our entry into other areas of the law is access to content,” said Josh Becker, CEO of Lex Machina. “By joining the LexisNexis family, we will accelerate the introduction of Legal Analytics to more practice areas and enhance insights for our customers with the advanced technology of the Lexis Advance platform.”
Menlo Park’s Lex Machina sold to LexisNexis
Silicon Valley Business Journal, November 23, 2015
The acquisition will help Lex Machina accelerate our growth trajectory on our mission to bring legal analytics to all of the law. We will continue to operate as a stand-alone entity within North American Research Solutions at LexisNexis Legal & Professional.
From Rumor to Reality: Insatiable LexisNexis Devours Legal Analytics Pioneer Lex Machina
Dewey B Strategic, November 23, 2015
For more than a week, credible but unconfirmed rumors have been flying through the legal information community. This morning I received the press release confirming the acquisition. For now I will just say this is certainly a brilliant more for LexisNexis: “Well done LexisNexis.”
LexisNexis Acquires Legal Analytics Provider Lex Machina
LegalTech News, November 23, 2015
Venerable legal research provider LexisNexis has acquired data analytics company Lex Machina in a move to add technologies to allow users to better understand the legal landscape and their challenges, the company announced on Nov. 23. Previously focused on IP law, the acquisition will provide Lex Machina with the resources necessary to expand its analytics algorithm to other practice areas. The acquisition also paves the way for LexisNexis to make those tools available to its base of research users, company officials said.
LexisNexis VP Steven Errick Discusses Lex Machina Acquisition
Law Sites, November 23, 2015
I had an opportunity to speak with Steven Errick, vice president and managing director of research services at LexisNexis, who gave me more details about the deal and plans for the future. With regard to Lex Machina’s staff and operations, little will change, Errick said. Lex Machina will be a wholly owned subsidiary of LexisNexis and will continue to operate as a standalone unit. Lex Machina CEO Josh Becker will continue to run Lex Machina and it will remain in its current Menlo Park, Calif., location.
Selecting and Managing Outside Counsel: A Data-Driven Approach
Corporate Counsel, November 20, 2015
Imagine that you could make a data-driven prediction about how opposing legal teams or judges will behave. Or that you could anticipate the results that a specific legal strategy or argument is likely to produce. If you had that power, would you continue to rely exclusively on traditional legal research and reasoning as the basis for your legal strategy? Or would you take the “Moneyball” approach by integrating legal analytics—data and insights gleaned from litigation dockets and documents—into your case to increase your chances for a successful outcome?
Patent Litigation Will Never Be the Same Again
Corporate Counsel, October 26, 2015
Patent litigation has been changed forever. A lot of lawyers preferred the old way. Monumental changes to U.S. patent law have changed the rules of the litigation game. Basic assumptions about patent law that existed just a few years ago no longer apply. The changes have raised new questions about venue, costs and validity. Some in the patent bar are calling it a “brave new world.”
Lex Machina Launches Custom Insights: Data Mining for the Impatient Lawyer
Dewey B Strategic, October 23, 2015
Lex Machina has taken the most mundane of legal data sets– docket entries– and spun it into a oldmine of legal insights. Lex Machina is not a hard product to use, but it offers a dizzying array of options which a lawyer with minimal training can master. This week Lex Machina announced the release of a ‘suite of custom insight apps’ which make it even easier. It is essentially a very sophisticated kind of “data mining for idiots.”
IP Automator Releases 3 New Apps Designed for Speed
Corporate Counsel, October 20, 2015
Lawyers are under pressure to control costs, which means doing more with less and working quickly. Keeping that in mind, the legal analytics company Lex Machina is today launching three new applications designed to give intellectual property attorneys instant access to strategic patent, copyright and trademark litigation information.
Lex Machina Releases Trio of Legal Analytics Applications
LegalTech News, October 20, 2015
Applications target specific attorney needs and set the table for additional custom tailored tools in the future. “We’re launching what we call ‘Custom Insight Apps,’” Owen Byrd, GC and Chief Evangelist of Lex Machina, told Legaltech News. “These apps are intended to address the greatest challenge for lawyers, which is the ‘need for speed.’ We’re trying to enable lawyers to get instant answers on specific use cases out of our data, and make it easier and faster for them to apply it to their work.”
New Patent Lawsuits Down, Driven By Drop in East Texas “Troll” Cases
ARS Technica, October 9, 2015
There were 33 percent fewer patent lawsuits filed in the third quarter of 2015 than in 2014, according to data published today by Lex Machina. 1,119 new patent cases were filed in Q3 2015, compared to last year’s record-setting 1,665 cases in the same quarter. Looking at the year as a whole, 4,255 cases were filed in the first nine months of 2015, compared with 3,941 cases in 2014 and 4,593 cases in 2013.
Why Are So Many Law Firms Trapped in 1995?
The Atlantic, October 1, 2015
Even though many firms remain behind the times, they soon may not be. New technologies and increased competition are forcing the legal industry to slowly remake itself. “The billable hour is the culprit of everything,” explains Ralph Baxter, the former chairman and CEO of Orrick, Herrington & Sutcliffe. For example, the start-up Lex Machina can speedily mine and analyze litigation data that would take an army of associates months to go through.
The Hottest Fashion Statement You’ve Probably Never Heard Of: Copyright Litigation
Apparel, September 28, 2015
Although copyright litigation is more often associated with entertainment or publishing businesses, retail and apparel industries should pay close attention. A new report on copyright litigation trends signals that a large portion of copyright cases involve clothing retailers and textile pattern companies.
Data Analytics Transforming Legal Industry
LegalTech News, September 18, 2015
Long after the use of data and analytics has become commonplace in industries ranging from retail to insurance to baseball, the legal profession is now beginning take advantage of an emerging class of tools intended to help law firms win cases.
Indeed, creators of legal analytics technology say a variety of technical and cultural challenges have slowed development and user acceptance of the legal analytics technology, which combines data and software to present law firms with output helpful in decision-making.
Law Firms Hire Data Pros To Woo GCs
Law 360, September 4, 2015
At Lex Machina, which mines litigation data from court records to help inform the handling of IP lawsuits — with more practice areas to come — chief evangelist and general counsel Owen Byrd reports that corporations sometimes check in with him about whether a particular law firm uses its services. After all, where the data exists, the analysis has been done and the information is presented in an accessible format, why would anyone fight a lawsuit without it? Compared to law firms that are working with smaller data sets and cannot focus solely on analytics, however, Lex Machina is on the cutting edge.
Patently, a Record – Litigation Over Patents Saw a Record Half-year Rise
Corporate Counsel, September 1, 2015
Patent litigation, which only a few months ago appeared to be on the decline, is actually rising significantly.”At this rate, 2015 is on track to exceed 6,000 cases by the end of the year,” says Josh Becker, Lex Machina’s chief executive officer. That would beat the record set in 2013.
New Report Surveys IP Litigation Trends Over the Past Six Years
FindLaw, August 31, 2015
If you work in an IP-heavy industry, you know just how important a role litigation can play in protecting (or abusing) intellectual property rights. Now, Lex Machina, the IP litigation research company, has conducted one of the first, wide-ranging overviews of copyright litigation trends over the past years.
The Rise of Copyright Infringement Lawsuits— and What Retailers Can Do About It
Retail Dive, August 26, 2015
While copyright infringement is often regarded as the domain of publishers of printed materials, music, and movies, designers and manufacturers of patterns and fabrics are increasingly targeting retailers with lawsuits, according to a new report from legal strategist Lex Machina. The analysis found that retailers are now one of the top groups of defendants in copyright infringement cases surrounding textile patterns.
Ex-VC Josh Becker on Worrying Patent, Copyright Trends He’s Found at Lex Machina
Silicon Valley Business Journal, August 17, 2015
Josh Becker worked both sides of Silicon Valley’s startup and tech world before joining legal analytics business Lex Machina as CEO. The former VC and entrepreneur said what he has learned at Palo Alto-based Lex Machina should concern anybody whose livelihood is built on patents, trademarks and copyrights, as well as some who may not be aware that they could become entangled in intellectual property litigation.
New Report Digs Into Copyright Litigation Data
Law.com, August 11, 2015
The legal analytics company that has worked to change the way attorneys approach patent litigation is hoping to do the same in the copyright world. Lex Machina, which grew out of a project run by Stanford University’s law school and its computer science department, has published a 37-page “Copyright Litigation Report,” developed from litigation data and court decisions covering thousands of copyright cases filed in U.S. district courts over the past five years. The report analyzes key filings, findings, judgment types, decisions, resolutions, damages and other data.
US Copyright Litigation Report Reveals File Sharing Cases Now Outnumber All Others
Managing Intellectual Property, August 11, 2015
Lex Machina has released a report highlighting trends and insights from copyright cases files in US district courts from January 1 2009 to June 30 this year. The report reveals copyright litigation is a concentrated business. The Central District of California’s 2,496 cases since 2009 give it a 26.2% share, while the Southern District of NewYork’s 1,061 cases give it an 11.1% share.
Adult Movie Outfit is Most Litigious Copyright Plaintiff in U.S.
Torrent Freak, August 13, 2015
A report crunching more than six years of copyright lawsuits filed in the U.S. has revealed that porn troll Malibu Media is the country’s most litigious plaintiff. The company, which demands thousands of dollars from individual file-sharers, filed 4,332 lawsuits since January 2009, fifteen times more than its nearest rival. Overall, it’s estimated that 90% of file-sharing cases are settled out of court.
Data Analytics Gaining Ground, But Bold Promises Need Validation
Bloomberg, July 20, 2015
Every year, lawyers file litigation claims said to be worth hundreds of billions of dollars, and yet few lawyers have embraced data analytics to guide their litigation decisions in the way that bond traders or other industries rely on such tools. That could be changing: A raft of new software and technology companies, including a few that are working directly with law firms, are mining the vast amounts of data available on litigation trends in both complex and simple cases to bring analytic tools to the legal industry. Experts believe these tools may be poised for serious growth in coming years and could inject new competition among law firms.
After a Dip, Patent Litigation Is on the Rise
Corporate Counsel, July 14, 2015
Patent litigation, which only a few months ago appeared to be declining, is actually rising significantly.
More than 3,000 patent lawsuits were filed in the first six months of the year, the highest number of new district court cases on record and an increase of more than 11 percent compared with the first half of 2014, according to statistics released Tuesday by Lex Machina.
Patent Owners Flock to U.S. Courts as Congress Ponders New Curbs
Bloomberg, July 14, 2015
Patent owners are filing a record number of U.S. lawsuits as Congress considers rules designed to curb the litigation trend.
Some 1,656 patent-infringement suits were filed in the second quarter, the highest of any period recorded, according to figures issued Tuesday by Lex Machina, a Menlo Park, California-based legal analysis firm.
Possibility of More Reform Spurs Increase in Patent Case Filings
JD Supra, July 14, 2015
Patent case filings have been generally higher in the first five months of 2015 than in the last 8 months of 2014. May of 2015 had the most patent cases filed on any month so far this year (606 cases). But why are we seeing this recent increase in patent case filings? Isn’t this surprising given legislative, court, executive and administrative developments that have made it much more difficult to successfully sue for patent infringement?
Patent Suit Filings Continue On Record Pace, Report Says
Law 360, July 14, 2015
More than 3,100 new patent cases have been filed in federal court so far this year, a record-breaking number that could put patent filings in 2015 at an all-time high, according to a report released Tuesday. Legal analytics firm Lex Machina reported the first six months of 2015 were the busiest first-half-year period ever for patent litigation, buoyed in large part by the months of May and June.
Patent Litigation at Record Highs as Reform Debate Heats Up
Reuters, July 14, 2015
Opponents of current patent reform efforts in Congress stepped up their attack on the pending bills Tuesday, urging their fellow legislators to slow down, just as new data suggests 2015 is on track to be a record year for patent lawsuits. According to patent analytics firm Lex Machina, more than 3,100 patent suits were filed in federal district courts in the first half of 2015, the most ever seen in a six-month period.
US Patent Litigation is on the Way Up Again, But Plaintiff Numbers are Close to Record Low
IAM, July 14, 2015
Since the first evidence started to emerge last October that there had been a drop in new patent lawsuits, much has been made of the fact that litigation is on the decline. Those arguing against patent reform in the US Congress have pointed to the data as evidence that new legislation is simply not necessary or should be significantly scaled back.
A New Look for Law Libraries: Fewer Books, More Tech
American Lawyer, June 29, 2015
Librarians told us they were doing much more strategic and analytical research, tech support and competitive intelligence for business development than in the past. To help with these tasks, librarians increasingly rely on legal analytics and data-mining tools such as Lex Machina, Relationship Science and Westlaw Intelligence Center. Using such tools, “a lawyer can do a custom analysis looking at a particular judge and a particular issue and how specific lawyers and judges have handled specific issues,” O’Grady says. “Librarians become the facilitators.”
Will Legal Tech Eventually Disrupt Biglaw? A Conversation With Lex Machina’s Owen Byrd
Above the Law, June 19, 2015
Despite the famous-in-tech-circles-only Marc Andreessen quote, “Software is eating the world,” not every industry is edible. But why not Biglaw? It is a regulated industry with expensive overhead, charging high hourly billing rates for work clients hate paying for, and lawyers hate doing. Owen Byrd, the chief evangelist and general counsel of Silicon Valley-based Lex Machina, a company that provides Moneyball-type data to lawyers, is at the forefront of legal disruption.
New Data Shows Patent Litigation Filings Up in 2015
Corporate Counsel, June 5, 2015
The number of patent lawsuits filed in U.S. district courts is not, despite claims to the contrary, on the decline. Patent case filings generally were higher in the first five months of 2015 than in the last eight months of 2014. They also were higher than in the comparable five months of 2014, according to data analyzed by legal analytics company Lex Machina at the request of CorpCounsel.com.
Lex Machina Launches Trademark and Copyright Litigation Analytics Modules
Dewey B Strategic, June 4, 2015
Lately I feel like a kid in an analytics candy store. The recent wave of products offering analytic insights is escalating the power of legal research and creating new opportunities for information professionals to offer “game changing” insights to the attorneys they support. Lex Machina is having a good year. AALL recently awarded Lex Machina the prestigious “New Product of the Year Award for 2015.” Lex Machina also launched two important new modules for Trademark and Copyright which include data on 57,000 trademark cases and 49,000 copyright cases.
Lex Machina Adds Tools for Copyright and Trademarks
Corporate Counsel, June 1, 2015
Lex Machina, the legal analytics company that’s changing the way many patent attorneys approach their cases, has launched a new platform, giving trademark and copyright attorneys for the first time the same tools that have benefited patent lawyers. This spring, the company unveiled its new platform, providing copyright and trademark lawyers with insights into the behavior of district court judges, opposing parties and opposing counsel.
Patent Litigation Report Raises Questions
Patent Docs, May 26, 2015
A recent publication by PricewaterhouseCoopers announced that patent suit filings in 2014 had reduced by 13% from the prior year, and concluded that this “dramatic shift” was “[d]riven by Alice Corp. v. CLS Bank, which raised the bar for patentability and enforcement of software patents”.
A far more comprehensive analysis of new district court filings was performed by Lex Machina (see “Patent Case Trends and the Business of Litigation“), which looked at a monthly comparison for new filings in 2014 over 2013 (calendar year).
Fee Shifting as Patent Policy Lever: How to Ensure Sufficient Torque
Patently-O, May 19, 2015
I have been pursuing research on Section 285 during my leave year from the University of Wisconsin. My principal finding is that judicial discretion matters regardless of the stated standard for the award of attorney’s fees. In other words, raising the standard, as occurred with Brooks Furniture, or lowering the standard, as occurred with Octane Fitness, may not matter over all as to how courts exercise their discretion.
Taking Down Trolls
Risk & Insurance, May 6, 2015
With patent infringement litigation still going strong, companies seek methods of protection. Patent trolls are a thorn in the side of many companies.
Even when infringement claims are weak, many firms opt to settle just to avoid having to spend millions defending them in court, experts said.
The Patent Games Publicly Traded Companies Play
IP Watchdog, May 6, 2015
One major problem in the debate about patent litigation abuse is that the debate hasn’t really focused much on litigation abuse. The rhetoric used is all about stopping abuse, but the proposals themselves have little or nothing to do with fixing the problems of the system.
Trademark Litigation Report Finds $9B in Damages
Corporate Counsel, May 5, 2015
While the patent world has been getting the lion’s share of IP attention in recent years, trademark attorneys also have been busy, filing more than 24,000 trademark cases since 2009—cases that have resulted in awards of more than $9 billion in cumulative damages, according to a new study by the legal analytics firm Lex Machina.
In its first comprehensive “Trademark Litigation Report,” Lex Machina examined key metrics from trademark cases pending from 2009 through the first quarter of 2015, including filings, findings, remedies and damages.
Forming Future Progressives
Chicago Lawyer, May 2015
Dan Katz predicts, there will not only be tech-focused jobs for lawyers, but tech-savvy lawyers will also have the upper hand in practice. They will provide a better service to clients by using technology and analytic-driven process improvement to understand and simplify their operations. Their costs will be lower and their legal work more predictable. “I think that’s a statement of our whole age,” Katz said in a more formal conversation less than an hour earlier. “Humans plus machines beats humans or machines for a whole range of processes.”
Boutiques Are In
Corporate Counsel, May 2015
In-house counsel are increasingly turning to smaller law firms when they need outside counsel to handle litigation related to intellectual property.
A new study from the legal analytics company Lex Machina shows there has been a decline in the amount of IP defense work handled by Am Law 100 firms in recent years. Non-Am Law 100 firms, meanwhile, have seen a corresponding increase in the percentage of cases they handle, the study found.
I’m Excited Again About New Legal Research Products
3 Geeks and a Law Blog, April 27 2015
The most impressive review of Lex Machina came from an attorney that told me he was tired of getting beat by opposing counsel because they had this product. That is perhaps the best quote to ever hear from your attorneys when you are contemplating buying a new product. It’s hard to argue against.
Info Professionals Connect Knowledge
Peer to Peer Magazine, Spring 2015
Predictive Solutions: Big data solutions are offering information professionals predictive insights. Manzama is a product that can capture spikes in social media activity. This can be an indicator of business development opportunities for clients that might beaffected by emerging regulatory, M&A or litigation issues. Lex Machina analyzes IP litigation data, giving insights into case assessments and predicting behavior of opposing counsel or judges based on their history in similar cases.
Former Orrick Chair Sticks to His Roots
American Lawyer, April 15, 2015
Ralph Baxter, Lex Machina’s new Board member, became almost synonymous with his firm during his 22 years at the helm of Orrick, Herrington & Sutcliffe. By the time he officially stepped down at the end of 2013, he had built the firm into a 1,000-plus-lawyer global force. He’d also gained the reputation as a risk-taking, ambitious innovator, spearheading the trend to relocate back-office work to lower-cost markets, among other moves.
Study: Alice v. CLS Bank Led to a Strong Increase in Subject Matter Patent Invalidations
IP CloseUp, April 14, 2015
The Supreme Court’s decision in Alice Corporation v. CLS Bank International, a case involving computer software, has led to a marked increase in patents being invalidated under Section 101 of Title 35 the United States Code covering subject matter eligibility.
The findings are part of “2014 Patent Litigation Year in Review,” just out from Lex Machina, the litigation analytics firm.
South Florida’s Most Prolific Patent Troll Gets Back to Work
Palm Beach Post, April 13, 2015
Patent troll on a roll. Patent suits filed in federal court in South Florida. 2015 numbers are projected from first-quarter filings. ArrivalStar is South Florida’s most prolific patent troll.
Fewer patent beefs were filed in 2014 than in 2013 in South Florida, mirroring a national trend, according to a Palm Beach Post analysis of federal court filings.
For Patent Trolls, a Time of Reckoning
Corporate Counsel, April 13, 2015
It’s a bad time to be a patent troll. For more than a decade, trolling has been a relatively foolproof, risk-free business model that has lined the pockets of opportunistic plaintiffs and sullied the best-in-class reputation of the U.S. patent system. Now, thanks to recent reforms and major court developments, greater efficiency and accountability have been injected into that system.
Eastern District Tops in Patent Cases, Damages
Texas Lawyer, April 2, 2015
The Eastern District of Texas is officially the nation’s most popular patent litigation by far, according to a recent report. And it’s easy to see why. As the study shows, the region’s juries are consistently the most generous when handing out damage awards.
The Eastern District topped the list by taking in 1,425 new patent infringement cases during 2014, according to the report from Lex Machina, a Silicon Valley-based legal analytic firm. And 982 of those cases were filed before U.S. District Judge Rodney Gilstrap of Marshall, making him the nation’s busiest patent jurist, according to the report.
Eastern District of Texas No. 1 Home for Patent Suits, Report Finds
Southeast Texas Record, April 2, 2015
So called “patent trolls” helped make the Eastern District of Texas the top spot for patent litigation in 2014, a recent report found. For the past seven years, the Record has reported on the dozens of patent infringement suits brought by East Texas companies nearly every week in the Marshall and Tyler Divisions of the federal court.
On March 26 Lex Machina, a litigation data mining company out of California, released its second annual Patent Litigation Year in Review report, revealing that the Eastern District became home to 1,425 patent suits in 2014, making the region No. 1 for infringement litigation.
Predicting the Future with Analytics
iBrary Guy, April 2, 2015
In the last couple of years, after having already invaded the sports, business, and investing industries–among others–the term “analytics” has entered the jargon of the legal researching world. Next generation interfaces almost universally boast about incorporating analytics, but why would this be beneficial? In the world of legal research, what does the term actually mean?
Lex Machina Adds Tools for Copyright and Trademarks
Law.com, April 2, 2015
Lex Machina, the legal analytics company changing the way many patent attorneys approach their cases, has launched a new platform, giving trademark and copyright attorneys for the first time the same tools that have benefited patent lawyers. Lex Machina has approximately 57,000 trademark and 49,000 copyright cases in the system. “This is a game changer,” said Lora Moffatt, a partner at Crowell & Moring who was a part of the webinar. “We haven’t had use of these tools before.”
Copyright and Trademark Lawyers Can Now Play ‘Moneyball’ on Lex Machina
LegalTech News, April 2, 2015
Lex Machina announced on March 31 the launch of Legal Analytics for trademark and copyright cases. Besides analyzing patent and antitrust litigation, the software-as-a-service platform now provides subscribers insight into the litigation behavior of district court judges, opposing parties, clients and prospective clients in trademark and copyright litigation. At a public webcast (registration required) announcing the new content and analysis in Legal Analytics, Owen Byrd, chief evangelist and general counsel at Lex Machina, said the company’s software and services enables IP litigators to be “moneyball lawyers.”
Why A Tech GC Is Choosing Data Tools Over BigLaw
Law 360, March 27, 2015
“Litigation analytics have always been important, and it goes back to the classic principle of ‘know thy enemy,’” says Lisa Launer, associate general counsel responsible for patent litigation for the computer peripherals company. “You used to always go to outside counsel to look up that information for you and it was always surprising how slow and ultimately costly it was. Associates could spend hours researching.”
Launer now does much of this in-house in a lot less time using a service called Lex Machina, which she says has changed the landscape.
Data Shows 2014 a Historic Year for Patent Litigation
Corporate Counsel, March 27, 2015
Lex Machina released its second annual Patent Litigation Year in Review Thursday, publishing data that confirms 2014 was a historic year in which the subject of patent litigation and patent reform spread from corporations and law firms to Congress and the U.S. Supreme Court.
Lex Machina’s report shows that the number of new patent cases filed last year fell by 21 percent from 2013. Much of the decrease came in the second half of the year, after the high court issued its decision on patentable subject matter in Alice v. CLS Bank. This was a trend the legal analytics company first identified in a report released last fall.
The Innovation Act of 2015: Congress Targets Patent ‘Trolls’ Again
Lexology, March 26, 2015
On February 5, 2015, the House Judiciary Chairman, Rep. Bob Goodlatte (R-VA), flanked by a bipartisan group of his peers, reintroduced his “Innovation Act” (H.R. 9). The bill is the second time in as many years that the Republican-controlled House has introduced legislation aimed at curtailing the excesses of patent protection litigation.
Patent Cases Dropping, New Jersey the Exception – Study
Reuters, March 26, 2015
The number of new patent lawsuits filed in U.S. courts fell 21 percent in 2014, a year in which the U.S. Supreme Court changed patent law in several significant ways, according to a new study to be released on Thursday. The 2014 Patent Litigation Year in Review, by patent analytics firm Lex Machina, also confirmed Apple Inc’s place as the top target for patent cases, with 58 filed against it in 2014. Law firm Fish & Richardson remained the most active in the patent field with 618 open cases, followed by Russ August & Kabat with 520.
New Data Confirms that US Patents are Being Knocked Out on 101 Grounds in Record Numbers
IAM, March 26, 2015
Lex Machina’s second annual review of the patent litigation landscape in the US is out today and the IAM blog has had an exclusive preview of what is a very comprehensive piece of work.
The main headline figure for last year – that the number of new patent cases fell by more than a thousand – has been known since January. In fact, the downward trend in litigation rates in 2014 first became apparent when Lex Machina reported a big drop year-on-year for September.
Lex Machina: Bringing Analytics to Law
Slaw Magazine, March 23, 2015
Peter Neufield is a J.D. student at the Osgoode Hall Law School and the current features editor of the IPOsgoode blog IPilogue. He’s posted a short interview with Owen Byrd, Chief Evangelist & General Counsel at Lex Machina. Lex Machina started life in 2010 as a partnership between Stanford University’s Computer Science Department and the Law School with some great support from a number of tech companies and law firms.
The 2014-15 Start Stop Survey Results: The Products. Out with the Old. In With the Innovative: Lex Machina Best New Product. Fastcase/HeinOnline Best Innovation
Dewey B Strategic, March 22, 2015
Responses to the question “What was the best “new product that you became aware of in 2014?” is remarkable because of the variety of responses.The one feature that is common to many new products is that they are leveraging big data to provide analytic insights. Lex Machina which provides IP litigation analytics got the most votes for best new product.
An Interview with Owen Byrd from Lex Machina
IP Osgoode, March 19, 2015
I had the opportunity to speak with Owen Byrd, the Chief Evangelist and General Counsel for the Legal Analytics company Lex Machina. Based in Menlo Park, California, Lex Machina is one of the many legal technology startup companies that has recently sprouted in the Silicon Valley area. As a leader in the intersection of legal analytics and IP law, I wanted to hear Owen’s thoughts on Lex Machina and the recent growth of legal technology startup companies. Here is what he had to say.
5 Questions GCs Should Ask All Firms Before Hiring Them
Law 360, March 17, 2015
Law360, Chicago (March 17, 2015, 6:46 PM ET) — When general counsels are in the market for new outside counsel, they start by narrowing down the field based on the usual metrics: expertise, reputation and budget-friendliness. But before making the final call, there are a few additional inquiries they need to make. Here are the five questions experts say GCs should always ask to engage the best outside counsel.
Law Firm Trends: AmLaw Firms Dandling Smaller Percentage of Cases Filed in 2014
IP Watchdog, March 16, 2015
Some time ago, a colleague posed an interesting question to me in hopes that Lex Machina’s data might be able to shed some light: Has the kind or size of firms handling patent cases changed much over the last few years? In other words, are companies increasingly choosing smaller, cheaper boutiques, or are they relying more often on “BigLaw” firms?
For IP Cases, In-House Counsel Looking to Smaller Firms
Corporate Counsel, March 11, 2015
In-house counsel are increasingly turning to smaller law firms when they need outside counsel to handle litigation related to intellectual property.
A new study from the legal analytics company Lex Machina shows there has been a decline in the amount of IP defense work handled by Am Law 100 firms in recent years. Non-Am Law 100 firms, meanwhile, have seen a corresponding increase in the percentage of cases they handle, the study found.
Firms Claim Bragging Rights in New Field of Patent Litigation
Law.com, March 6, 2015
If there really is a death squad for patents, it may not be found at the Patent Trial and Appeal Board. A more likely location is the Plano, Texas, office of David O’Dell, chairman of Haynes and Boone’s patent trials practice group. Haynes and Boone has persuaded the PTAB to institute inter partes review in 72 cases—the most for any law firm according to an analysis of Lex Machina’s new PTAB database.
Patent Litigation Data – March 2015
Patently-O, March 5, 2015
One of the main pieces of empirical data being drawn upon by folks arguing for and against various patent law reform proposals is the rate of new patent lawsuit filings. As the intellectual property scholars’ letter to Congress recently observed, while there were fewer patent lawsuits filed last year than in 2013, that year was itself a record-setting year for patent lawsuit filings.
A Letter to Congress on Patent Reform from 51 IP Academics is Powerful, but Omits Many Key Points
IAM, March 3, 2015
Yesterday a group of 51 prominent academics who specialise in the study of intellectual property wrote to members of the US Congress to argue that there is a large body of empirical evidence demonstrating that patent reform is necessary. “Over the last five years,” they state, “academic researchers have published over two dozen empirical studies on patent litigation and its economic impacts … These studies have been conducted by researchers with diverse views and using different methodologies.”
Legal Analytics Transform Law Department Patent Activity
Association of Corporate Counsel, March 2015
Over the past 10 years, companies have moved aggressively to deploy analytics – defined as the discovery and communication of meaningful patterns in data – in order to improve management systems and produce more and better results across departments. What about law departments? How can in-house counsel apply analytics? What data sets are available? How are they best used?
Don’t Bet Against Apple Turning the Tables in its $500 Million Battle with NPE Spartflash
IAM, February 26 2015
A Texas jury decision earlier this week awarding damages of $522 million against Apple for infringement of three patents owned by NPE Smartflash Technologies has rightly attracted a lot of headlines. It might be the world’s biggest company but a decision that could see the Cupertino giant pay out more than half a billion dollars is enough to grab anyone’s attention.
Lex Machina Adds PTAB Data and New ACC Article Provides “in House” View of Lex Machina and Legal Analytics
Dewey B Strategic, February 19, 2015
In November when I wrote Lex Machina Provides Bigger Data “Custom Insights Raises the Analytics Bar for IP Litigators it was clear that the product would continue to evolve. Last week Lex Machina added a new “high value” tranche of litigation data from the Patent and Trademark Appeals Board and the International Trade Court.
The Early Days of Legal Analytics
LPB Network, February 7, 2015
There is an interesting story in Forbes on Lex Machina, a legal start-up that provides analytics for use in patent litigation. What makes Lex Machina so interesting is that the company is not a NewLaw service provider that trying to take marketshare. Instead, Lex Machina is a toolmaker. It is a true Big Data company that provides analytics to (a) value contested patents and (b) protect/maximize that value through a litigation strategy that is informed by data.
The Trend is Clear – Patent Litigation Rates in the US are on the Decline
IAM, February 5, 2015
Lex Machina has published a new piece of analysis on patent litigation rates, which is well worth looking at. It delves deeper into the fall in filing numbers in 2014 and suggests that on a like-for-like basis current rates are similar to those seen five years ago. The study also analyses the impact of post issuance proceedings at the Patent Trials and Appeals Board (PTAB) and the effect that the Supreme Court’s decision in Alice v CLS has had.
LegalTech New York 2015 Expectations (5 of 5): From Analytics to Machine Learning
Blue Hill Research, February 5, 2015
Just a year ago, I was hearing serious industry commenters refer to the application of analytics and business intelligence (BI) to support legal operations, strategy, and knowledge management as “tinfoil-hat stuff.” I’d argue that this was overly conservative at the time. In retrospect, it looks painfully naïve. The last year saw some significant activity by companies looking to insert machine learning and analytics applications into the legal sector, with these capabilities now representing a major presence at LegalTech.
Firms Must Know Big Data To Get Hired, In-House Counsel Say
Law 360, February 5, 2015
Law360, New York (February 04, 2015, 8:25 PM ET) — A panel of legal department heads from the nation’s top insurance, health care and banking companies delivered a stern warning on Wednesday to Luddite law firms slow to adapt to the analytics-driven future: Get on board with Big Data, or get left behind.
Patent ‘Death Squad’ Rules Owners Denounce Upheld by U.S. Courts
Bloomberg Business, February 4, 2015
A U.S. appeals court upheld rules that make it easier for companies like Google Inc. and Apple Inc. to get rid of worrisome patent litigation on the cheap.
The U.S. Court of Appeals for the Federal Circuit, in an appeal involving a patent for a speed limit indicator, took its first look at reviews by the Patent and Trademark Office. The decision Wednesday may benefit many companies not directly in the case by upholding rules that patent owners say make it too easy to get their legal protections tossed and led a former judge to dub the agency board a “death squad” for patents.
Stanford-Bred Startup Uses Moneyball Stats To Handicap Judges, Lawyers
Forbes, February 2, 2015
If you’re being sued for patent infringement before U.S. District Judge Lucy Koh in the heart of California’s Silicon Valley, there’s something you ought to know. Koh is tough on defendants and only grants 18% of motions for summary judgment, less than half the national average.
Legal Tech Poses Training Problem in Big Law: Seyfarth Leader
Bloomberg BNA, January 25, 2015
Legal technology companies are increasingly doing the legwork on matters that young lawyers have traditionally done during their first years at a big firm.
US Patent Litigation Rocketed 32% in December – Lex Machina
Managing Intellectual Property, January 13, 2015
Lex Machina, an IP data and analytics company, reported that 441 new patent cases were filed in December, rising 32% from November 2014’s total of 335. This figure was also up 4% from the 423 cases filed in December 2013, making it only the third month of 2014 to have a higher figure than the corresponding month in 2013.
Viewpoint: IP Startups Herald Age of Data Disruption
The Recorder, January 9, 2015
Data analytics startup companies are revolutionizing every phase of the intellectual property business. There are dozens of companies, and most overlap to one degree or another, but for this limited space I’ll discuss three. Each represents in its own way the elements of the disruption we are seeing: data aggregation and curation and user generated data. In patent litigation the big news is Menlo Park’s Lex Machina. Their data could impact not only litigation practice and business development, but possibly the scheduling conduct of judges with busy patent litigation dockets.
IMHO: Hits, Misses and Random Observations on Legal Information and Technology — Highlights of 2014
Dewey B Strategic, January 6, 2015
Crystal Ball Award goes to Lex Machina for giving us a glimpse of the predictive uses of big data in anticipating lawyer and judges behavior in IP litigation.
How Does Your Law Firm Library Stack Up? 5 Signs You are Ready for the Future
Law Technology News, January 6, 2015
As major cost centers, law firm libraries have been under intense pressure to reduce both research and staff resources. But a trend is emerging that is shifting the perception of libraries from book repositories to proactive, sophisticated resource centers for navigating in the increasingly data intensive legal environment.
Patent Cases Pending as of January 1, 2015
Patently-O, January 6, 2015
In November, I wrote about a decline in patent suits pending in district court. Using Lex Machina, I recently put together an updated set of data that includes patent cases pending as of December 1 and January 1.