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Lex Machina's study highlights US copyright litigation trends.

Byline: Amanda Ciccatelli

In August, Lex Machina released the first-ever Copyright Litigation Report, which revealed trends and insights in copyright litigation from thousands of copyright cases in U.S. District Courts from January 1, 2009 through June 30, 2015.

The data is based on Lex Machina's Legal Analytics intellectual property (IP) litigation platform. In fact, the company recently launched new copyright and trademark modules to supplement its popular patent offering. Lex Machina's Legal Analytics platform is a new category of legal technology that drastically changes how companies compete in the business of law. Delivered as software-as a-service, Legal Analytics creates structured data sets covering judges, lawyers, parties, and patents out of millions of pages of legal information, allowing law firms and companies to predict the behaviors and outcomes that different legal strategies will produce, enabling them to win cases and close business.


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This new report analyzed filing trends, decisions, and timing to key events, as well as settlement rates, damages and other data. It shows top districts by case filings, top plaintiffs and defendants and their law firms, top parties winning damages, and median awards of damages by district courts, and more. It also reveals relationships between findings and judgment types.

"Lex Machina's Copyright Litigation Report -- the first and only one of its kind in the legal industry -- provides critical, data-driven insights and showcases the advantages that legal analytics brings to copyright law," said Owen Byrd, Lex Machina's chief evangelist and general counsel.

In addition, the report leverages Lex Machina's technology to identify Internet file sharing cases filed against anonymous defendants, which are excluded from the main body of the report and analyzed in a separate section. Because file sharing cases have different dynamics, the ability to filter them out provides attorneys with a clearer picture of overall copyright litigation trends, and more relevant and meaningful insights.

With this report, copyright attorneys can make better decisions related to forum planning, based on detailed analyses of districts and judges. They can make sound budgeting decisions using historical data about the timing of trials and injunctions, and identify top parties and firms to inform marketing strategies and outside counsel selection.

"In today's digital economy, traditional legal research and courtroom experience can only go so far in creating a winning legal strategy," said Byrd. "Having access to comprehensive legal analytics data helps counsel weigh the benefits and risks of pursuing such litigation, make more informed legal decisions and formulate winning IP strategy."

Among the report's findings: top plaintiffs include the music industry, publishing, software and fashion; top defendants include retailers, recorded music publishers and book publishers; about 64.1 percent of traditional copyright cases end with settlement, compared to about 90.6 percent of Internet file sharing cases; median time to a temporary restraining order is 8 days to a preliminary injunction is 1.2 months; to a permanent injunction is 7.5 months; and to trial is 2.1 years and; only 348 (2.3 percent) of the 14,669 copyright cases terminated since 2009 have resulted in compensatory damages on the merits other than via default or consent judgment.
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Publication:Inside Counsel Breaking News
Article Type:Report
Date:Aug 24, 2015
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