Proving damages in patent infringement cases just keeps getting harder. The Federal Circuit's decision in Uniloc USA, Inc. v. Microsoft Corp., 632 F.3d 1292 (Fed. Cir. 2011), illustrates the increased scrutiny damage awards in patent infringement cases have received in the past few years.
Using Consumer Surveys to Prove Patent Infringement Damages at Trial
Though long used in trademark, false advertising, and antitrust cases, the use of consumer surveys in patent cases is a relatively recent phenomenon. Counsel responsible for managing patent litigation should understand the potential role that survey evidence can play at trial.
By
Christopher K. Larus And Bryan J. MechellThis premium content is locked for The Intellectual Property Strategist subscribers only
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