Recent decisions limiting the tools available to damages experts have placed new emphasis on the use of survey evidence to demonstrate the value of a patented invention. Such survey evidence must be sufficiently focused on the technology claimed in the asserted patents, otherwise it may prove inadmissible in court. In a recent case, a district court excluded survey evidence that assessed the perceived value to consumers of cell phones with any internal antennas rather than assessing how consumers valued the purported advantages of the specific internal antenna claimed in the asserted patent.
June 07, 2011
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