Leveraging Surveys in Patent Litigation: Demonstrating Consumer Perception, Avoiding Errors That Impact Damages

Best Practices for Developing, Presenting and Challenging Surveys

Recording of a 90-minute CLE webinar with Q&A


Conducted on Thursday, July 10, 2014

Recorded event now available

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Program Materials

This CLE webinar will provide guidance to patent counsel on the use of surveys in patent litigation. The panel will discuss presenting, defending and challenging surveys and will outline approaches for strategically leveraging surveys in patent matters.

Description

Increasingly, patent counsel has been turning to surveys to demonstrate patent value since the Federal Circuit’s decision in Uniloc USA v. Microsoft (Fed. Cir. 2011) and the heightened scrutiny on damages awards in patent litigation. Surveys can establish evidence to support a reasonable royalty rate and the true marketplace value of an invention.

Whether using choice modeling, conjoint analysis or another type of survey analysis, counsel must be careful to avoid the pitfalls that could lead to the court rejecting the survey evidence. Are the survey objectives and survey population clearly defined? Has the survey been created to ensure objectivity?

Counsel must ensure that surveys are designed, conducted and presented properly so that they will be admitted as evidence and will be persuasive.

Listen as our authoritative panel discusses survey methodologies, including choice modeling and conjoint analysis, and building and conducting surveys. The panel will also discuss pitfalls that have led courts to reject specific surveys and provide best practices for presenting, defending and challenging surveys at trial.

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Outline

  1. Survey methodologies
  2. Building and conducting surveys
  3. Pitfalls leading to survey rejection
  4. Best practices in presenting, challenging and defending survey evidence

Benefits

The panel will address these and other key questions:

  • How can counsel best utilize surveys in patent litigation to demonstrate reasonable damages?
  • What steps should counsel take to ensure the survey is properly defined and formulated to achieve counsel's intended goal?
  • What are the best practices for counsel to execute the survey to make sure the results are admissible?

Faculty

Chris Larus
Chris Larus

Partner
Robins, Kaplan, Miller & Ciresi

Mr. Larus tries complex patent, trademark, copyright, trade secret, and licensing cases. He represents both plaintiffs...  |  Read More

Bryan J. Mechell
Bryan J. Mechell

Robins, Kaplan, Miller & Ciresi

Mr. Mechell is a trial lawyer and registered patent attorney with experience in complex patent litigation. He focuses...  |  Read More

Dr. Shankar Iyer
Dr. Shankar Iyer
Vice President
Cornerstone Research

Dr. Iyer coheads Cornerstone Research’s IP practice. He specializes in applying economic analyses to IP,...  |  Read More

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