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2016 Update - The Role of Surveys in Assessing Damages in Patent Infringement Cases

Federal courts are moving toward assessing damages in patent infringement cases with the (newer) key criterion of consumer demand generated by the patents at issue rather than the traditional Entire Market Value Rule (EMVR). This emerging trend suggests integrating the expertise of economists with that of survey experts in supporting or defending a damage claim in a patent case.

Based on Gabriel Gelb's work in helping to rebut damage claims against such technology clients as Apple, Amazon and Dell, he suggests several guidelines for the use of surveys in damage claims based on patent infringement.

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