Measuring infringement and damages in high-stakes disputes.
In patent and copyright disputes, surveys can be a powerful tool for supporting arguments about both infringement and damages. They are a reliable way to generate evidence relevant to damages, including issues of causation, consumer perception, and the relative importance of specific product features.
Surveys are particularly useful in patent disputes when the parties lack sufficient comparable licensing or market evidence to inform a reasonable royalty analysis. By measuring how much a specific product feature influences consumer buying decisions, surveys provide data that legal teams and economic experts can use to assign a monetary value to that feature.
The IMS litigation surveys and consumer science team brings decades of experience designing, conducting, and testifying in support of consumer surveys. Our experts’ surveys are based on social science fundamentals, recent research in the field, and established court standards. Partner with us to secure reliable survey evidence or expert survey rebuttals for your IP matter.
