Webinar: Determining the Value of One Patented Feature
Fitch, Even, Tabin & Flannery LLP will present a complimentary webinar, “Determining the Value of One Patented Feature: A Behavioral Alternative to a Consumer Survey,” featuring Jacob Jacoby, Ph.D., and Alison Aubry Richards and moderated by Edward W. Gray Jr. The webinar will take place on Thursday, Nov. 17, 2016, at 9 a.m. PST / 10 a.m. MST / 11 a.m. CST / 12:00 noon EST.
In a release, the firm said 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
CLE credit has been approved for California, Illinois, and Nebraska. Other states may also award CLE credit upon attendee request.
Following the live event, a recording of the webinar will be available to view for one year at fitcheven.com.
