Testing Whether a Patented Feature Drives Customer Demand

Proving patent infringement damages is more challenging now that Federal Circuit law requires proof that the patented feature drives demand for the accused product. Professor Jacob Jacoby, a renowned expert in the use of surveys in trademark infringement cases, discusses his new survey method designed for use in assessing damages for patent infringement. Following Professor Jacoby’s presentation, Professor Barton Beebe moderates a panel discussion of the survey method and its ramifications.