You Say Predictive Coding, I Say Patent Infringement??

As some readers may know, we at Findlay Craft have a passion for ediscovery and have helped clients and other firms negotiate their way through collections, reviews and productions for years. When we began FC we spun off the work we were doing in this area into the focused ediscovery/document review company, Level 2 Review. Since that time, Level 2 Review has grown dramatically and has expanded its work into all aspects of the law and all types of cases, investigations and requests. But there’s no question that a big part of that success has been in the area of electronic discovery in patent litigation.

So we find it a bit ironic, though not surprising, that one of the leading companies in the emerging field of “predictive coding”, which Level 2 utilizes, has—you guessed it—gotten a patent on its predictive coding technology. United States Patent 7, 993, 859 “Systems and methods for predictive coding” was touted by ediscovery vendor Recommind as giving it and its customers “. . .exclusive rights to use. . . processes for iterative, computer-expedited document review.” What do you think that phrase: “exclusive rights” has some folks a bit nervous they just might see Recommind heading to Tyler or Marshall sometime soon?? Just a thought…

For more discussion on, among other things, predictive coding and how using a cutting edge vendor—like Level 2 (shameless plug)—and the latest technology can result in a better overall review process read Technology Assisted Review in E-Discovery Can Be More Effective and Efficient Than Exhaustive Manual Review, 17 Rich. J. L. & Tech. 11 (2011).

2011 Eastern District Bench Bar Conference

A reminder that the 2011 Eastern District Bench Bar Conference will be held this year September 25-27 at the Four Seasons Resort in Irving, Texas. This year the Conference is being presented jointly with the Federal Circuit Bar Association and will include welcoming remarks by Chief Judge Randall Rader. As folks familiar with the district know, the Bench Bar Conference has been growing in popularity and attendance year and after year, and this year should be no different. It will also be a sentimental one, as it will be the last Conference with Judges Ward, Folsom and Magistrate Judge Everingham in attendance as sitting Judges.

Findlay Craft is pleased to participate again this year as a sponsor and is honored to have Eric Findlay speaking on Current Developments in Venue, along with Greg Love of the Stevens Love firm in Longview. More info can be found at http://www.edtexbar.com/assets/2011brochure.pdf.

Hope to see you all there!

Summer Trials in Marshall, Texas

In the past two months, Findlay Craft(FC) has helped try two patent infringement cases in Marshall, one in front of Judge Ward and one in front of Judge Everingham. These may be the last cases that we try in front of either Judge before their retirement. On a personal note, they both tried great cases and will be greatly missed.

Both cases came out extremely well for our clients, with primary kudos and thanks to Jim Brogan and Wayne Stacy and their team from Cooley in the Mondis v Innolux case and to Doug Lumish and Jeff Homrig and their Kasowitz team in the Convolve v Hitachi case. Working closely with both teams, Eric Findlay at FC did voir dire in both cases, conducted the cross examination of the plaintiff in Mondis and put up an important prior art witness. In the Convolve case, Eric put up multiple Hitachi witnesses and presented their damages expert.

Thanks also is due the FC support staff for tireless work away from home and office and many sleepless nights. Trials are what we do and it's what we love. And when the results are what you hoped for, it's even better.