Lexis and Westlaw

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Both Lexis and Westlaw contain an enormous amount of intellectual property/technology law material, both in terms of subject matter and jurisdiction. The best way to see what each online system has is to use their online and print directories.

Search Tip: To see the contents and coverage of a database on Westlaw and Lexis click on the information icons next to the database name:
Westlaw =
Lexis =

Lexis Directory and Documentation
Legal > Area of Law - By Topic > Antitrust & Trade/Copyright Law/Cyberlaw/E-Commerce/Patent Law/Trademarks

Intellectual Property Law research on Lexis (PDF)

Westlaw Directory and Documentation
All Databases > Topical Materials by Area of Practice > Antitrust & Trade Regulation/Intellectual Property/ Science & Computer Technologies Law

Intellectual Property resources from Thomson/West
IP Research on Westlaw (PDF)
E-Commerce Research on Westlaw (PDF)

Cases: State and Federal
In both Lexis and Westlaw you should search for cases by going to the topical arrangments for technology related areas and then using the case databases. For example:

Westlaw: All Databases > Topical Materials by Area of Practice > Intellectual Property > U.S. Federal Cases

Lexis: Legal > Area of Law - By Topic > Cyberlaw > Cases

Statutes and Legislative Materials: Federal and State
Statute databases are available both at the federal and state levels. As with cases, it is recommended that you use the topical subject arrangements so that you can limit your searches to databases that just contain relevant statutes. For example:

Westlaw: All Databases > Topical Materials by Area of Practice > Intellectual Property > U.S. Federal Statutes

Lexis: Legal > Area of Law - By Topic > E-Commerce > Statutes & Legislative Materials

Both services have legislative history tools with Lexis generally having more than Westlaw. Of particular note on Lexis is the set of databases drawn from the Congressional Information Service (CIS):

Legal > Federal Legal - U.S. > Legislative Histories & Materials > US - CIS Legislative Histories
Legal > Federal Legal - U.S. > Legislative Histories & Materials > CIS/Historical Index (for pre-1980 materials)

Lexis markets a version of the CIS Congressional Universe to the academic community that contains the same information and in many ways is easier to use than the version on Lexis.

Lexis also has compiled legislative histories on some major legislation which may or may not be updated. For example:

Lexis: Legal > Area of Law - By Topic > Copyright Law > Statutes & Legislative Materials > US - CIS Legislative Histories - Copyright Law

Treatises/Analytical Materials/Practice Guides/News
There are a myriad of treatises, analytical materials, and practice guides available on Lexis and Westlaw. Again, the easiest way to see the range is to look in the directories:

Westlaw:
All Databases > Topical Materials by Area of Practice > Intellectual Property > Forms, Treatises, CLEs and Other Practice Material
All Databases > Topical Materials by Area of Practice > Intellectual Property >BNA Intellectual Property Materials
You can also "Scan the Westlaw Directory" by searching for databases whose descriptions contain your query terms. For example, a search on biotechnology will result in several files, such as Biotechnology Law Report and BNA's Biotech Watch.

Lexis:
Legal > Area of Law - By Topic > Copyright Law > Treatises & Analytical Materials
Legal > Area of Law - By Topic > Cyberlaw > Treatises & Analytical Materials
You can also "Find a Source" in Lexis for databases whose titles contain your query terms. For example, a search on biotechnology will result in several files, such as IAC Biotechnology.

Some of these materials are also available as stand-alone products purchased by the Law Library. See Major Intellectual Property & Technology-Related Resources, elsewhere in this guide.

Lexis: More Like Selected Text
If you identify a particular passage in a case that expresses a topic or theme you are researching, highlight the passage and click on the More Like Selected Text option at the top of the Lexis display. Lexis will process the search by identifying other relevant cases in the database with which you are working. You can further refine the search by deleting search terms or adding mandatory terms.

Lexis: Search Advisor
Search Advisor is a finding tool based on areas of law and related legal topics. It can help target your legal issue, identify appropriate sources, and formulate your search requests. It is particularly useful if you are new to an area of law and are unfamiliar with the terms of art and the broad contours of the research landscape.

There are a number of relevant areas in Search Advisor:

• Antitrust & Trade Law
• Copyright Law
• Cyberlaw
• E-Commerce Law
• Patent Law
• Trademark Law

In each area there will be a number of subtopics. For example, Cyberlaw has topics for:

• Censorship
• Legal Practice
• Contracts
• Privacy & Security
• Copyright
• Taxation
• Criminal Activity
• Trademarks
• Defamation
• Year 2000
• Jurisdiction

By drilling down through the topics you will narrow the universe of materials from which you search for cases or other analytical materials, either by using pre-determined Lexis searches or customizing your own query.

The Intellectual Property section of KeySearch has 28 top-level topics and numerous sub-topics. Navigating through the topics, e.g., All Topics > Intellectual Property > Computers and Online Services > Domain Names, generates a pre-formulated search for cases, secondary materials in encyclopedias, treatises, and law reviews.

Kathleen Vanden Heuvel, kvandenh@law.berkeley.edu , Room 216 Boalt Hall
Michael Levy, mlevy@law.berkeley.edu , Room 217 Boalt Hall