How to create and interpret the Defensive Litigation report
What is the Defendant Litigation Export Report?
The Defendant Litigation export report provides an analysis of the litigations started against your target organisation or cohort.
It can offer answers to relevant questions such as:
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Is there a risk and where?
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Who is being sued the most?
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Who is suing them? Are they NPEs or not?
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What are the plaintiffs’ profiles?
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What technologies are hot beds for litigation?
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What are the litigated patents?
How to create the Defendant Litigation Export Report
Start by creating an Organisation report in Cipher. This can be a single or multiple organisation report.
1. Click 'Start' to create a new report
2. Using the organisation search functionality, add portfolios into the report
3. When you're happy with your selection, click 'done'. From here you can name your report and select clustering
4. After running the report, click the 'download' icon in the top left hand corner of your report (below). Then click the 'Defendant Litigations' option to begin your excel download.
How to interpret the Defendant Litigation Export Report
The report is an Excel download containing four main tabs:
Summary Tab – shows the litigation analysis
Plaintiffs Tab – looks at all the plaintiffs that have initiated litigation(s) in relation to the reference organisation (s)
Litigations Tab – looks at the relevant litigation details
Patents Tab – looks at all the patents that have been asserted
Summary Tab
Won: court decided in favour of the selected organisation
Settled: the action was settled between the parties
Lost: court decided against the selected organisation
Active: case is on-going
Other: the outcome is unknown. Reasons for this include: multiple-defendant case involving different outcomes, case was transferred, dismissed, terminated or withdrawn.
The plaintiff chart shows the number of litigations associated with a plaintiff and the organisation (s) it has targeted.
This will show you the number of started litigations per year helping you identify potential trends.
The technology clusters are based on patents asserted against Honeywell and the cohort. Notice the sectors that have the highest and lowest NPE proportion.
Analysing the chart above, the total number of litigated patents in the first technology cluster is 267, they have been asserted a total of 567 times and the average assertions proportion by an NPE is 71%.
One of the most powerful charts in this report providing you with interesting and relevant information.
The next two charts focus on the activity in the technology clusters.
The pie chart presents the technology clusters, highlighting their proportion sizes, offering an instant insight into which are the most litigious technology areas.
The bars chart combines the litigated technology cluster proportion sizes and the start year of the litigation. For example in 2017 most of the litigations happened in the “ Access, data processing system” cluster.
Plaintiff Tab
This Tab includes the company information, number of litigations, patents and result.
Cohort = the company /companies included in the initial parameters of the report.
In this case Honeywell = cohort
IE. From the total of 11 litigations, 8 are against our organisation / cohort.
This Tab includes the plaintiff company information such as: number of litigations started by them, how many of those where started against our cohort, if the plaintiff is an NPE and the result.
Cohort = the company /companies included in the initial parameters of the report.
Analysing the first row, from the total of 112 litigations where Ronald A Katz is the plaintiff, 8 are against our cohort. The plaintiff is an NPE with 48 patents and it has asserted all of them and they tend to settle most of their litigations.
Litigations Tab
This tab provides in depth information on the actual litigations such as: plaintiff, jurisdiction, defendant and hyperlink to the case details in Cipher.
Patents Tab
This tab looks at all the patents that have been asserted and their relevant details such as current owner, technology area, family and status. The patent numbers are hyperlinked to the patent document.