Thursday, June 4, 2015

Lex Machina Launches Trademark and Copyright Litigation Analytics Modules

Image result for lex machina logoLately 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. The  Trademark  and Copyright modules offer similar features to those available in their flagship Patent Product. It also offers data sets and  analytics which are unique to Trademark and Copyright litigation. Lex Machina includes case data back to January 1, 2001. The Lex Machina analytics  can provide insights in a variety of contexts.
Pitch Preparation business development “pitch” preparation. Demonstrate your firm’s experience on an issue, before a judge, against your adversary. A firm can plan a litigation budget by seeing both high level trends for a particular type of  litigation, as well as  granular trends for specific issues in a certain circuit, before a certain judge or when opposing a specific firm.

Manage Client Expectations. Lawyers can now produce data to manage client expectations by showing a client time data for similar types of litigation issues, motions, remedies and findings before a specific judge or in a specific court to trial analytics, remedy analytics and  potential damages.

Competitive Advantage.   The Lex Machina reports can provide insights into the  behavior of district court judges, opposing parties, and opposing counsel, engaged in similar litigation, enabling the lawyer  to gain competitive advantage in trademark and copyright litigation.


Unique Copyright-Specific Data

Case Tags – file sharing cases (enabling users to exclude from analysis these 6,400+ repetitive “copyright troll” cases suing ISP addresses of anonymous John Doe defendants), trial (bench and jury), appeal, declaratory judgment

Case Timing – median days to grant of permanent injunction, trial, termination

Case Resolutions –judgment resolutions for claimants and claim defendants (default, consent, judgment on the pleadings, summary judgment, trial, JMOL), procedural resolutions (dismissal, consolidation, severance, transfer, stay), likely settlements (plaintiff voluntary dismissal, stipulated dismissal)

Findings – infringement, fair use, ownership/validity, license or equitable defense

Damages – statutory damages (including for willful infringement), actual damages and

infringer’s profits, public performance license, attorneys’ fees, costs, prejudgment interest

Remedies – seizure/destruction of goods, preliminary injunction, permanent injunction, temporary restraining order. 

Unique Trademark-Specific Data

Case Tags – Lanham Act, unfair competition, dilution, false advertising, trade dress, cybersquatting, trial (bench and jury), appeal, declaratory judgment

Case Timing – median days to grant of permanent injunction, trial, termination

Case Resolutions – judgment resolutions for claimants and claim defendants (default, consent, judgment on the pleadings, summary judgment, trial, JMOL), procedural resolutions (dismissal, consolidation, severance, transfer, stay), likely settlements (plaintiff voluntary dismissal, stipulated dismissal)

Findings – Lanham Act violation, fair use, ownership/validity, equitable defense

Damages – statutory damages (including for willful infringement), trademark owner’s actual damages, infringer’s profits, corrective advertising, attorneys’ fees, costs, prejudgment interest

Remedies – seizure/destruction of goods, termination of mark, relinquish domain name,
preliminary injunction, permanent injunction, temporary restraining order

Stay Tuned..Lex Machina has indicated that they have plans to expand beyond intellectual property cases and will soon be offering analtyics on other kinds of commercial litigation in federal courts.

Here are some sample custom  Trademark and Copyright reports from Lex Machina:



Copyright Filings by Judgement C.D. Ca.

Trademark Remedies and Finding C. D. Ca.

Patent Trademark and Copyright Case Filings C.D. Ca.


Trademark Filings By Judgment in C.D Ca.



No comments:

Post a Comment