Big data, big trademark questions

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Big data, big trademark questions

In an INTA Annual Meeting session yesterday, panelists demonstrated how trademark practitioners—particularly litigators—can use big data and analytics tools to grow their practices, provide fact-based predictions to clients and streamline the legal research process.

Daniel Lewis of Ravel Law, Ian C. Ballon of Greenberg Traurig, Darren Schleicher of Lex Machina and Alex Butler of Bloomberg BNA contributed the perspectives of both data analysts and litigators.

Massive databases such as PACER and LexisNexis catalogue comprehensive records and statistics of cases, but this volume of information can be unwieldly, requiring practitioners and their teams to spend many hours combing through records to manually find and analyze relevant data. However, harnessing this information through analytics tools can be useful at every stage of a case.

As attorneys and law firm business developers formulate strategies to grow their businesses, data can provide insights into “who are these companies using, who has a good track record, then drill down into the actual cases and dockets that are interesting to see changes trends over time,” said Butler. In-house counsel, he said, can also use this data to guide their choice of outside counsel, based on the past performances of firms handling matters similar to what they expect to encounter.

Data allows attorneys to demonstrate their expertise on various judges and venues, with specific regard to the client’s industry and the nature of the case at hand. Instead of providing anecdotal descriptions about the speed of a venue, or their personal impression of a judge, data gives attorneys an opportunity to prove that they know what they are talking about. Lex Machina, a legal analytics company owned by LexisNexis, provides features such as a timeline predictor, which, depending on the stipulations a user enters, will return visualizations for the average duration of a case of the specified nature.

Even a specific judge’s decisions have become far more predictable through data analytics. Lewis said that the tool analyzes patterns of language used by judges, so that litigators can see “what’s resonated with the judge before, and how can you tailor your argument to grab them.”

This and other insights accessible through analytics could theoretically be mined manually, but that process is made far more efficient through technological tools. These facts still require interpretation, but analytics tools are “exploratory”: they should not be seen as “replacing human reasoning, but as supplementing it with data,” said Lewis. 

more from across site and SHARED ros bottom lb

More from across our site

A flurry of hiring activity among UK firms suggests they are confident of mounting a serious challenge at the UPC
With the submission deadline approaching, we sat down with our research team to provide top tips on how to make your firm stand out
EA, owner of video games including Madden and The Sims, will be sold to a consortium including Saudi Arabia’s Public Investment Fund and a firm owned by Donald Trump’s son-in-law
New arrival marks Mewburn Ellis' second partner hire in ten days as firm looks to boost patent litigation and prosecution capabilities
In-house counsel and teams are invited to submit information for the 21st annual Managing IP Awards
The 2025 list of Rising Stars and Corporate Stars, produced by Managing IP’s accreditation title IP STARS, is now available
Eszter Szakács, partner at Danubia in Hungary, discusses women’s progression, workplace flexibility, and how to deal with imposter syndrome
Rob Fewery is a solicitor at Allwyn Entertainment in the UK
Piotr Rafalski is a patent attorney at Qemetica in Poland
Joanna Rodrigues is an IP lawyer at Dassault Systèmes in France
Gift this article