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Expert Analysis

4 Tips For Using Consumer Surveys In Patent Cases

Law360, New York (June 23, 2014, 10:40 AM EDT) -- The "25 percent rule of thumb" is history. Other traditional damages models, such as extrapolating licensing rates from industry licenses, are under attack. And, the courts are demanding real-world data revealing the patented invention's footprint in the marketplace. As a result, the damages climate in today's patent cases is full of uncertainty. Indeed, a recent PricewaterhouseCoopers study shows that damages models in intellectual property cases have only about a 49 percent chance of surviving Daubert challenges.[1]...

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