Patent Infringement Matter Related to Consumer Electronics
Analysis Group was retained by counsel for the defendant in a recent patent infringement case related to patented innovations included in a line of portable consumer electronic devices. Our professionals supported defendant’s expert in rebutting consumer survey results presented by plaintiff’s expert. The plaintiff’s conjoint-style survey results were presented to establish the market value of the product feature at issue and to serve as an input into the calculation of royalty-based damages. Analysis Group supported our academic affiliate in revealing the technical drawbacks and inapplicability of the plaintiff’s survey results. Our expert opined that, apart from numerous methodological issues associated with plaintiff’s survey, the instrument was designed to measure the maximum that consumers would pay for the patented feature at issue; however, in the market only some consumers would pay the maximum, while others would pay less than that, and if the price were above their maximum, they would not buy at all.