Lex Machina  pioneered the introduction of interactive litigation analytics for the law firms with the launch of the Intellectual Property product in  end uses. It launched as a project at Stanford Law School. Now a LexisNexis product, they offer  one of the most sophisticated analytics products in the legal market and  cover all types of federal, They are also expanding their coverage of state litigation.

Today Lex Machina is releasing the 2021 Patent Litigation Report which analyzes all federal patent litigation.

Register here for a copy of the report:  https://pages.lexmachina.com/2022PatentLitigationReport.html

Patent Report Webcast

Lex Machina is hosting a webcast to discuss the report on May 19, 2022 at noon ET/9am PT with Michael Flynn (Partner at Morris Nichols), Elaine Chow (Lex Machina’s Patent Legal Data Expert), moderated by Joshua Harvey (Manager of the Lex Machina’s Customer Success Team). Register for the event or view a recording: https://pages.lexmachina.com/20220519-PatentLitigationReportWebcast_LP.html

Here are some key findings

  • W.D, Tex., D Del., and E.D, Tex. have the highest number of patent filings in 2021
  • Patent case filings are consolidating more into the top three courts, from 47% in 2019 to 57% in 2021.

  • Federal PTAB appellate case filings fell 40% between 2020 and 2021.

  • 23% of federal PTAB appellate cases that terminated from 2019 to 2021 were ultimately reversed.

  • 34% of federal patent appellate cases that terminated from 2019 to 2021 were ultimately reversed.

  • Samsung, Google, Apple, Microsoft and Amazon  were the most active patent defendants in 2021.

  • WSOU Investments LLC ( a patent monetization company) was the most active plaintiff in patent litigation last year.

  • Judge Albright was assigned to 23% of all patent cases filed in 2021.

  • Fish & Richardson top the list of defendant firms representing 669 defendants in  38 districts between 2019 and 2021.

Data and Methodology – I have to confess my favorite part of this report was the two pages explaining how the data was collected, normalized, reviewed, tagged. It is easy to generalize and oversimplify analytics. Lex Machina provides a public service by providing a “tutorial” supplement to the report..

Lex Machina supplements and corrects primary data from PACER in a variety of ways, including:

• Correcting errors ranging from spelling mistakes to complex data problems
• Normalizing data on judges, parties, law firms, and attorneys
• Extracting records of law firms and attorneys not found in docket reports
• Tagging and categorizing cases
• Annotating case resolutions, damages, and dispositive rulings

They even provide a graphic “Understanding Box Plots:

Here is the full press release:

 

Lex Machina Releases 2022 Patent Litigation Report

Menlo Park, CA — May 19, 2022 — Lex Machina, a LexisNexis company, today releases its annual Patent Litigation Report. The report examines patent litigation trends in federal district and appellate courts, as well as the Patent Trial and Appeal Board (PTAB). It focuses on the three-year period from 2019 to 2021 and surveys emerging trends in case filings (including ANDA and PTAB case filings), active districts, judges, law firms, parties, timing metrics, case resolutions, findings, and damages. This is the first report to showcase the newest federal appellate analytics and trends in patent litigation in the federal courts of appeals.

“The increasing role of Judge Albright and the Western District of Texas in patent litigation is a major topic of discussion among litigators,” said Elaine Chow, Lex Machina’s patent legal data expert and author of the report. “The kind of data and analytics Lex Machina provides in reports like this one really highlight the movement and trends in district court, appellate, and PTAB litigation over time. It becomes possible to understand and anticipate evolving patterns in patent litigation.”

Findings from the report include:

  • Highlights in District Court

    • Patent case filings, and federal appellate case filings originating from patent cases, have remained relatively stable for the last three years, with the exception of ANDA filings that continue to decline. 

  • Patent case filings are consolidating more into the top three courts, from 47% in 2019 to 57% in 2021. 

  • Judge Albright was assigned to 23% of all patent cases filed in 2021.

  • For patent cases filed from 2019 to 2021, WSOU Investments LLC was the top plaintiff and Samsung was the top defendant. 

  • While Rabicoff Law represented plaintiffs in the highest number of patent cases filed from 2019 to 2021, The Chong Law Firm represented plaintiffs in the highest number of patent cases filed in 2021. 

  • Fish & Richardson represented defendants in the highest number of cases filed in 2019, 2020, and 2021. 

  • 34% of federal patent appellate cases that terminated from 2019 to 2021 were ultimately reversed.

  • Highlights in PTAB

  • Federal PTAB appellate case filings fell 40% between 2020 and 2021.

  • 23% of federal PTAB appellate cases that terminated from 2019 to 2021 were ultimately reversed.

  • Samsung was the most active petitioner in PTAB petitions filed from 2019 to 2021.

  • Fish & Richardson represented parties in the highest number of petitions filed in 2019, 2020, and 2021.


Lex Machina’s reports and software enable practitioners to devise data-driven litigation strategies. The metrics in this report may help readers decide who to pursue as clients, whether to pursue a particular motion, or when to settle. This research supplements traditional legal research and anecdotal data for a competitive edge in litigation.


Register here for a copy of the report:  https://pages.lexmachina.com/2022PatentLitigationReport.html


Patent Report Webcast

Lex Machina is hosting a webcast to discuss the report on May 19, 2022 at noon ET/9am PT with Michael Flynn (Partner at Morris Nichols), Elaine Chow (Lex Machina’s Patent Legal Data Expert), moderated by Joshua Harvey (Manager of the Lex Machina’s Customer Success Team). Register for the event or view a recording: https://pages.lexmachina.com/20220519-PatentLitigationReportWebcast_LP.html

About LexisNexis Legal & Professional

LexisNexis Legal & Professional® provides legal, regulatory, and business information and analytics that help customers increase their productivity, improve decision-making, achieve better outcomes, and advance the rule of law around the world. As a digital pioneer, the company was the first to bring legal and business information online with its Lexis® and Nexis® services. LexisNexis Legal & Professional, which serves customers in more than 150 countries with 10,500 employees worldwide, is part of RELX, a global provider of information-based analytics and decision tools for professional and business customers.


About Lex Machina

Lex Machina fundamentally changes how companies and law firms compete in the business and practice of law. The company provides strategic insights on judges, lawyers, law firms, parties, and other critical information across 17 federal practice areas and a rapidly growing number of state courts. Lex Machina allows law firms and companies to predict the behaviors and outcomes that different legal strategies will produce, enabling them to win cases and close business.

Lex Machina was named “2021 Legal Technology Trailblazer” (National Law Journal Trailblazer Awards, 2021), Winner of the “Media Excellence” Award for Analytics/Big Data (13th Annual Media Excellence Award, 2021), “Best Decision Management Solution” (AI Breakthrough Awards, 2019), and “Disruptor of the Year” (Changing Lawyer Awards, 2019). Based in Silicon Valley, Lex Machina is part of LexisNexis, a leading global provider of legal, regulatory, and business information and analytics. For more information, please visit www.lexmachina.com.