Application & Uses
We apply rigorous quantitative approaches that rely on primary market research. We can apply the results from consumer surveys and experimental studies in numerous contexts inside and outside of litigation.
Litigation Applications
- Antitrust: To target the drivers of consumer choice and the effects of incremental or differentiated competition on market shares, prices, and, ultimately, profits
- Intellectual property: To determine the motivations underlying individual purchase decisions and to evaluate the role and value of specific product features and related price effects on consumer choice
- Securities, financial products, and institutions: To understand drivers of choice in the context of government investigations and in complex securities disputes
- Consumer confusion: To measure the incidence of confusion or potential confusion between logos or other brand identifiers where the behavior, perceptions, or purchasing decisions of consumers are at issue
- Trademark disputes: To evaluate allegations of trademark infringement, through consumer perception and confusion studies and genericism studies
- False advertising allegations: To assess potential consumer confusion over product claims, and their potential effect on purchase decisions
- Labor and employment disputes: To evaluate plaintiffs’ perceptions of their employment relations, or a particular aspect of the work environment, or “implicit bias” in discrimination cases.
Business Applications
- Pharmaceutical pricing, contracting, and market access: To determine potential impacts of price on market access, physician prescribing, and patient utilization
- Complex consumer product pricing and positioning strategies: To evaluate and quantify consumer preferences and address the decision-making process in purchasing, as well as manufacturer development processes
- Patient copayment analyses and optimization: To design, review, and optimize copayment decisions
- Economic impact studies: To review environmental, energy, and health impacts
- Health economics and outcomes research: To demonstrate the value of pharmaceutical products through online chart reviews, patient preferences and willingness to pay, stakeholder (e.g., payer, physician, patient) perceptions, and budget impact model/comparative effectiveness modeling parameterization
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Featured Expert
John R. Hauser
Kirin Professor of Marketing, Sloan School of Management, Massachusetts Institute of Technology
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Case Outcome
The Vineyard House, LLC v. Constellation Brands U.S. Operations, Inc., and Constellation Brands U.S. Operations, Inc. v. The Vineyard House, LLC
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Featured Expert
Olivier Toubia
Glaubinger Professor of Business and Chair of the Marketing Division, Columbia Business School
- Publishing What Recent Case Law Tells Us About the Importance of Consumer Surveys in Trademark Cases IPWatchdog.com, August 31, 2021
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AG Feature
Evaluating the But-For World: Surveys, Experiments, and Market Data
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Case Outcome
Malden Transportation Company, Inc., et al. v. Uber Technologies, Inc. and Rasier, LLC
