Wednesday, November 9, 2016

November 17/Webcast: Determining the Value of One Patented Feature: A Behavioral Alternative to a Consumer Survey #MCLE

Recent Federal Circuit decisions have made it more difficult to prove damages in litigation. This is especially true when the infringed patent relates to just one feature in a product with multiple features. Before a patent owner can obtain damages based on the entire market value of a product (patented and unpatented components sold together), the patent owner may be required to prove that the patented feature is the basis for consumer demand for the entire product. Other decisions require the patent holder to apportion the value of the whole product down to the patented feature.
Whether a damages expert’s opinion can meet these requirements is a critical question for all patent litigants. Ultimately, the persuasiveness and reliability of the factual data on consumer demand for a patented feature underlying the damages case can determine the financial outcome of the case.
This webinar will cover these topics and more:

  • Relevant case law
  • Why proving consumer demand is key to receiving monetary damages
  • The shortcomings of typical survey approaches to measuring consumer demand
  • An alternative behavioral methodology for reliably measuring consumer demand

Title: 
Determining the Value of One Patented Feature: A Behavioral Alternative to a Consumer Survey
When:
November 17, 2016, at 9:00 am PST / 10:00 am MST / 11:00 am CST / 12:00 noon EST
Webcast
Speakers:

  • Fitch Even partner Alison Aubry Richards
  • Jacob Jacoby, Ph.D., president of Jacoby IP Research
  • Moderated by Fitch Even partner Edward W. Gray, Jr.

Presented by:
Fitch, Even, Tabin & Flannery LLP
Credit: 
1 hr CLE CA/IL/NE; Other states may also reward credit upon attendee request.
Cost:
 Free. Registration required.
More Information and Registration