Past Webinars

  • November 17, 2016
Determining the Value of One Patented Feature: A Behavioral Alternative to a Consumer Survey

Please join Fitch, Even, Tabin & Flannery LLP for a complimentary webinar, “Determining the Value of One Patented Feature: A Behavioral Alternative to a Consumer Survey,” presented by Jacob Jacoby and Alison Aubry Richards and moderated by Edward W. Gray Jr. The webinar will take place on Thursday, November 17, 2016, at 9:00 am PST / 10:00 am MST / 11:00 am CST / 12:00 noon EST.

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

Our speakers will be Jacob “Jack” Jacoby, Ph.D., and Fitch Even partner Alison Aubry Richards.

Jack is President of Jacoby IP Research and an award-winning author widely recognized for his expertise in IP survey research. He has been Merchant’s Council Professor of Consumer Behavior and Retail Management at NYU’s Stern School of Business since 1981.  

Alison is a trial lawyer who has worked on a wide range of complex, high-stakes patent litigations involving a variety of technologies and industries. She has brought and defended a number of Daubert motions related to damages expert opinions and has presented and cross-examined damages experts at trial. Alison also counsels clients on technology licensing.

Our moderator will be Fitch Even partner Edward W. Gray Jr. Ed currently focuses his practice on IP evaluation and strategy, trade secret programs, licensing, trademark prosecution, and IP litigation.

A recording of this webinar is available through November 16, 2017. 

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