3 Questions To Ask When Using Surveys In Litigation
Law360, New York ( May 15, 2015, 10:12 AM EDT) -- Consumer surveys have long been relied on in trademark infringement cases. Recently, courts have noted that such surveys are now "de rigueur in patent cases"[1] as a tool to evaluate and quantify damages relating to alleged infringement. For example, by utilizing established and tested survey methodologies with the relevant customers of a product-at-issue, survey experts might be able to reveal the value of an allegedly patented feature. Recent high-profile litigation involving patents and technology from firms such as Apple Inc., Microsoft Corp., Samsung Electronics Co. Ltd., Oracle Corp. and Google Inc. shows consumer surveys being used in patent damages matters — intending to provide evidence on drivers of consumer demand, to determine impact of particular actions by competitors, and to evaluate "but-for" choices under alternative competitive conditions....
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