Patent Infringement: Proving Customer demand…or a lack thereof

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Ruling in Lucent Technologies et al. v. Gateway et al., the Federal Circuit held: “For the ‘entire market value’ rule to apply as the measure of damages for patent infringement, the patentee must prove that the patent-related feature is the basis for customer demand of the accused product.” The present article discusses how one goes about proving customer demand — or a lack thereof — for a product feature.  After discussing why standard survey techniques are incapable of providing reliable or valid data, the article describes a simulation procedure Jacoby has successfully used in several litigated cases to provide precise estimates of consumer reliance upon the target feature when reaching a purchase decision. Read more-Download PDF

Jacoby, J. (2012) Patent Infringement: Proving customer demand .. or a lack thereof. Intellectual Property Today. October. Pp.10-11.


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