Intellectual Property Law

Stanford IP Litigation Clearinghouse Database Appears to be Incomplete

By Michael Atkins

As recently discussed, I’m a fan of the Stanford IP Litigation Clearinghouse. However, in working on my annual Western District Statistics post, I noticed a large discrepancy between the numbers that PACER indicates and the numbers the Clearinghouse counts. For example, the Clearinghouse states that 28 trademark cases were filed in the Western District last year. PACER puts the number at 51. The 2008 cases the Clearinghouse did not count were spread fairly evenly throughout the year, so it does not appear to be a matter of its database simply not being up-to-date. Most of the missing cases were both opened and closed in 2008, though not all fit that pattern. I can’t figure out why 23 cases show up in PACER but not the Clearinghouse, since I imagine PACER is the source of the Clearinghouse’s data. Perhaps someone from the Clearinghouse can shed some light. This is no knock against the Clearinghouse, which I view as an ambitious project that already provides a lot of value. (Among other things, it provides a docket sheet for all cases included in its database free of charge.) However, its database does not appear to be complete. Users should be aware of this apparent shortcoming. Hopefully, it will be corrected in the near future.

Full post as published by Seattle Trademark Lawyer on January 25, 2009 (boomark / email).