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Using Surveys and Other Quantitative Analyses in Patent Litigation

Using Surveys and Other Quantitative Analyses in Patent Litigation

$295

About the Course

As stated in the ResQNet.com v. Lansa litigation, determining a fair and reasonable royalty is often “a difficult chore, seeming often to involve more the talents of a conjurer than those of a judge.”

This webinar provides crucial insight into harnessing surveys and quantitative analysis to perform admissible economic damages calculations in patent litigation.

This methodical program walks participants through three permutations of consumer surveys—Ranking-Based Conjoint Analysis, Choice-Based Conjoint Analysis, and Direct Queries—followed by an in-depth discussion of three variations of regression analysis: Price Premium (Hedonic) Analysis, Market Share Premium Analysis, and Merger Analysis.

A comparative review of these methodologies is provided, including guidance on outcomes, methodological rigor, and the circumstances under which each approach is most appropriately applied.

Additional issues addressed during this webinar include:

  • Using social media data to determine the popularity of products and patented features.
  • The merits and risks of conducting multiple surveys in isolated silos.
  • The strategic wisdom—or folly—of defendants presenting their own damages calculations.
  • Apportioning the impact of patentee marketing decisions when determining price erosion caused by infringement.

Among the relevant patent litigation cases discussed are:

  • ResQNet.com v. Lansa
  • Convolve v. Dell
  • Lucent v. Microsoft
  • Stragent v. Intel
  • TV Interactive Data v. Sony
  • Microsoft v. Motorola
  • Sentius Int’l, LLC v. Microsoft Corp.
  • Droplets, Inc. v. Overstock.com, Inc.
  • NetAirus Techs. v. Apple
  • Rembrandt v. Facebook
  • Oracle v. Google
  • VirnetX v. Cisco
  • Smartflash, LLC v. Apple Inc.

Course Leaders

Christopher K. Larus, Chair, Minneapolis IP and Technology Litigation Group, Robins Kaplan LLP

Throughout his twenty-year legal career, Chris has represented plaintiffs and defendants in complex patent, trademark, copyright, trade secret, and licensing disputes nationwide and internationally. He also advises clients on licensing strategies to protect and monetize intellectual property assets.

Bryan Mechell, Associate, Robins Kaplan LLP

Bryan Mechell is a trial lawyer and registered patent attorney focused on complex patent litigation involving cutting-edge technologies. He is experienced in presenting complex legal and technical issues and is registered to practice before the U.S. Patent and Trademark Office.

Course Length

Approx. 1.5 hours

Pricing

$295 per user

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