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Analyzing the Analytics : a Comparison of Platforms October 19, 2016 Diana Koppang, Presenter Library Manager Neal, Gerber & Eisenberg LLP 312.269.5219 [email protected] Sarah Mauldin, Moderator Director of Library Services Smith, Gambrell & Russell, LLP [email protected]

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Page 1: Analyzing the Analytics - American Association of Law Libraries...Analyzing the Analytics : a Comparison of Platforms October 19, 2016 Diana Koppang, Presenter Library Manager Neal,

Analyzing the Analytics : a

Comparison of Platforms October 19, 2016

Diana Koppang, Presenter

Library Manager

Neal, Gerber & Eisenberg LLP

312.269.5219

[email protected]

Sarah Mauldin, Moderator

Director of Library Services

Smith, Gambrell & Russell, LLP

[email protected]

Page 2: Analyzing the Analytics - American Association of Law Libraries...Analyzing the Analytics : a Comparison of Platforms October 19, 2016 Diana Koppang, Presenter Library Manager Neal,

“The Power of Legal Analytics”

Page 3: Analyzing the Analytics - American Association of Law Libraries...Analyzing the Analytics : a Comparison of Platforms October 19, 2016 Diana Koppang, Presenter Library Manager Neal,

Thank you to the fantastic panel!

Stefanie Frame (Foley & Lardner)

Jeremy Gresham (Levenfeld Pearlstein)

Greg Leighton (Neal, Gerber & Eisenberg)

Sarah Mauldin (Smith, Gambrell & Russell)

“The Power of Legal Analytics”

Page 4: Analyzing the Analytics - American Association of Law Libraries...Analyzing the Analytics : a Comparison of Platforms October 19, 2016 Diana Koppang, Presenter Library Manager Neal,

• Terms

– Authority Control

• List of Names, Companies, Judges, Courts – not reliant

on keyword searching

– Name Normalization

• Notes what variations were included in Authority Control

– Google Syndrome – will basic searchers get

accurate results

• Analytical Reports v. Searching

Notes on Analysis

Page 5: Analyzing the Analytics - American Association of Law Libraries...Analyzing the Analytics : a Comparison of Platforms October 19, 2016 Diana Koppang, Presenter Library Manager Neal,

• Thomson Reuters Monitor Suite

• Bloomberg Law Litigation Analytics

• Docket Navigator

• Lex Machina

• Reed Tech (Lexis) Patent Advisor

Platforms Compared

Page 6: Analyzing the Analytics - American Association of Law Libraries...Analyzing the Analytics : a Comparison of Platforms October 19, 2016 Diana Koppang, Presenter Library Manager Neal,

• Ravel Law

• Lexis atVantage - to be relaunched as Client

Profiler in January 2017

• Legal Metric

• Patent Heat Map products

Platforms Not Compared Today

Page 7: Analyzing the Analytics - American Association of Law Libraries...Analyzing the Analytics : a Comparison of Platforms October 19, 2016 Diana Koppang, Presenter Library Manager Neal,

• Representation

• Judicial

• Area of experience in patent cases (art unit)

• Motion/Timeline/Success

• Comparing/Stacking Firms, Judges,

Jurisdictions

Levels of Analytics - Litigation

Page 8: Analyzing the Analytics - American Association of Law Libraries...Analyzing the Analytics : a Comparison of Platforms October 19, 2016 Diana Koppang, Presenter Library Manager Neal,

• Court coverage

• Date range

• Search functionality

• Authority control/name normalization

• Exporting options

• Monitoring/Alerting

Litigation Factors for Comparison

Page 9: Analyzing the Analytics - American Association of Law Libraries...Analyzing the Analytics : a Comparison of Platforms October 19, 2016 Diana Koppang, Presenter Library Manager Neal,

• Date range

• Level of detail

• Authority control/name normalization

• Art unit

• Examiner Stats

• Timeline

• Success Rate

• Searching functionality

• Exporting functionality

• Monitoring/Alerting

Patent Analytics Factors

Page 10: Analyzing the Analytics - American Association of Law Libraries...Analyzing the Analytics : a Comparison of Platforms October 19, 2016 Diana Koppang, Presenter Library Manager Neal,

• Financial Advisors

• Law Firms

• Timelines

• Price Range

• Break down of Target/Acquirer/Seller

• Location of Companies

• Challenges

Deal Analytics Factors

Page 11: Analyzing the Analytics - American Association of Law Libraries...Analyzing the Analytics : a Comparison of Platforms October 19, 2016 Diana Koppang, Presenter Library Manager Neal,

• What does date range mean? Date of filing or last

date of activity?

• When is a judge tagged to an order or case? When

they’re “present” or when they signed an order?

• How is predictive searching handled?

• Are more complex search options available?

• What copyright limitations are there on sharing report

results with potential clients or current clients?

• Can you get to underlying documents or does the

platform tie to related platforms?

Your Further Analysis

Page 12: Analyzing the Analytics - American Association of Law Libraries...Analyzing the Analytics : a Comparison of Platforms October 19, 2016 Diana Koppang, Presenter Library Manager Neal,

• Concurrent trials for multiple products.

• Minimum of one week, with option to extend.

• Multiple trial seats if possible.

• For date range – don’t pick “today” or

“present” as end date.

• Chart/crowd source your findings.

• Export findings in multiple formats and filters

for post-trial review.

• Screen shots.

Trial Tips

Page 13: Analyzing the Analytics - American Association of Law Libraries...Analyzing the Analytics : a Comparison of Platforms October 19, 2016 Diana Koppang, Presenter Library Manager Neal,

• Company Name that could be misspelled, or might

easily (but not too common, i.e. “Smith”) be a

surname.

• Subsidiaries that don’t all include the parent

company’s name.

• Large Private Company – should have a good

amount of results; public companies are too easy.

• National presence, with variety of case types,

including state courts.

• In existence for at least 10 years.

Trial Tips – Choice of Subject

Page 14: Analyzing the Analytics - American Association of Law Libraries...Analyzing the Analytics : a Comparison of Platforms October 19, 2016 Diana Koppang, Presenter Library Manager Neal,

• Write out the criteria – especially when involving

multiple trial users and/or non-current trials across

platforms.

• For patent litigation:

• Sample utility and design patents – granted in last

10-20 years.

• Case where patents were added in amended

complaints.

• Include magistrate judges in tests.

Trial Tips

Page 15: Analyzing the Analytics - American Association of Law Libraries...Analyzing the Analytics : a Comparison of Platforms October 19, 2016 Diana Koppang, Presenter Library Manager Neal,

• Sample utility and design patents – granted in last 10-20

years.

• Case where patents were added in amended complaints.

• Include magistrate judges in tests.

• Company with IP holding subsidiary/affiliate.

• Include PTAB and ITC in tests.

• Assignee accuracy.

• Ability to confirm correct formatting, such as Docket

Navigator’s “unlitigated” status v. “no criteria matches”

Trial Tips – Patent Litigation

Page 16: Analyzing the Analytics - American Association of Law Libraries...Analyzing the Analytics : a Comparison of Platforms October 19, 2016 Diana Koppang, Presenter Library Manager Neal,

• Ask who really has to be counted within a

practice group – all, just litigators, or just

prosecution attorneys.

• Be wary of multi-year contracts as this is a

rapidly developing area of research. Ask for a

lock rate with an option to not renew.

• Auto Renewal clauses are the devil.

• Trial! Trial! Trial! As in, “we won’t continue

contract discussions without a trial.”

Negotiation/Contract Advice

Page 17: Analyzing the Analytics - American Association of Law Libraries...Analyzing the Analytics : a Comparison of Platforms October 19, 2016 Diana Koppang, Presenter Library Manager Neal,

• One Provider concerns – will your access to

underlying data be limited if you don’t have

the related platform? Possibly have this noted

in your contract as an “out” option.

• What’s available now – not what’s available

later. If promised later, again, have a deadline

in your contract with an out clause.

Thoughts on Pricing/Contracts

Page 18: Analyzing the Analytics - American Association of Law Libraries...Analyzing the Analytics : a Comparison of Platforms October 19, 2016 Diana Koppang, Presenter Library Manager Neal,

• Knowledge of product/contract connections.

• Understand nuances of searching to fully

utilize product.

• Understand the roadblocks to reliable data.

• Understand likely adoption rate by attorneys.

• This is True Competitive Intelligence.

Why Librarians not Marketing

Should be Making this Decision

Page 19: Analyzing the Analytics - American Association of Law Libraries...Analyzing the Analytics : a Comparison of Platforms October 19, 2016 Diana Koppang, Presenter Library Manager Neal,

Questions?

Slides and Chart will be available

on PLLIP website and emailed

to all webinar attendees.

Diana Koppang

[email protected]

(312) 269-5219