TRADEMARK DAMAGES SURVEYS

Within the past five years, surveys have become de rigueur to quantify damages within patent cases. Cutting-edge analytics have created a way to measure the individual impact of any element of the consumer purchase decision, including patented features.

We leverage conjoint analysis, which exposes consumers to a series of hypothetical

purchase decisions each offering an iteration of the product, which may include

the patented feature.   By exploring how this feature interacts with

other elements of the offer, including brand, price, and pack size, we are able

to isolate the impact of the patented feature on the holistic purchase decision. 

This serves as a baseline for interpreting damages.