Peer to Peer Magazine

PEER TO PEER: THE QUARTERLY MAGA ZINE OF ILTA 40 Docket Analytics: This tool assesses award/liability expectations in patent infringement disputes. It can be used to assess the disputes pending against a potential target company in an M&A transaction. Companies can also use this to evaluate expected liability/recoveries in pending patent disputes and to compare multiple suits against each other for assessment of a company's entire litigation docket in the aggregate. Like Portfolio Analytics, Docket Analytics utilizes publicly available information, such as details from complaints, dockets and relevant opinions or orders (if any). Each dispute is analyzed and ranked against each other in terms of expected liability risk or award value. In addition, the key risk/value factors in each case are assessed individually and mapped along the horizontal axis. Docket Analytics is well-suited to addressing the challenges posed by multiple pending patent disputes. For instance, the tool can help a company prioritize multiple lawsuits and allocate defense resources efficiently. Docket Analytics is also useful for technology-related transactions, such as when acquiring or contracting with a company that is party to several patent suits. Particularly when faced with limited insight in a diligence context, Docket Analytics helps identify risk areas and guide further investigation and negotiations. In addition, when new patent suits are filed, whether against a potential counterparty or one's own company, Docket Analytics provides a quick snapshot view of expected exposure and benchmarking against other pending disputes. Docket Analytics provides capabilities useful in a range of scenarios, including: • Evaluating a transaction target's litigation docket and assessing potential risks, such as when conducting diligence for a merger/acquisition or collaboration/licensing arrangement • Providing an initial quick snapshot of a target's litigation docket and guiding due diligence through to final negotiations • Assessing a company's own pending litigation matters and identifying which suits to prioritize so resources can be allocated efficiently • Evaluating settlement decisions and benchmarking royalty fees against past practice and/or industry levels • Analyzing new cases in real time as they are filed and docketing them for optimal case management • Visualizing a pending litigation docket and presenting findings to company management NEXT STEPS At Skadden, our Patent Analytics Team has developed new tools to address the unique challenges and capitalize on the valuable potential opportunities presented by the modern patent ecosystem. Patent Analytics can enhance traditional best practices and push the cutting-edge of patent law forward. We are inspired by the possibilities of Patent Analytics to help companies capitalize on opportunities in the effervescent patent ecosystem. CASE STUDIES Two Tools Making a Difference Skadden's Portfolio Analytics and Docket Analytics tools are making a positive impact on patent analysis. These tools are useful in the following ways: • Assessing portfolio value and identifying key patent assets • Ranking competing portfolios against each other • Analyzing prospective targets for acquisition or licensing • Stress-testing valuation assumptions and focusing diligence resources Sample Output from Docket Analytics Tool

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