Assessing damages in a patent infringement action depends on correctly determining the value of the allegedly infringing design element to customers. Applied Marketing Science (AMS) can develop and implement research surveys to help determine these values, providing a solid basis for calculating damages.

Uniquely Experienced in Legal Surveys

Assessing appropriate damages in a patent infringement action is often a matter of determining the value that customers place on the particular design element that is alleged to be infringing. Applied Marketing Science (AMS) has considerable experience developing and implementing surveys for use in disputes involving alleged patent infringement. In every facet of our opinion surveys - choice of the survey population, use of controls, question formats, and statistical analysis - we develop rigorous questionnaires that have been accepted by numerous courts to assess the impact of patent infringement allegations.

Familiar with Legal Strategy and Process

AMS understands the legal standards for the use of survey research in litigation. We know how to talk to attorneys and can work with you in the manner that best suits each case; either with significant early involvement in establishing the legal strategy, or on a "last-minute" basis with tight deadlines. We have also worked with leading economic consulting firms and can design surveys and produce data for use in damages calculation.

Patent Infringement Services

  • Survey design and implementation
  • Identification and support of appropriate marketing experts
  • Evaluation of the likely benefits of collecting market research data
  • Critique of opposing expert reports
  • Guidance on the deposition and trial questioning of opposing expert witnesses

Network of Consultants and Expert Witnesses

AMS works with academic experts spanning a range of academic disciplines, including:

  • Market research methodology
  • Consumer preference and behavior
  • Brand equity and loyalty
  • Advertising
  • Marketing communications
  • Product development and innovation
  • E-commerce
  • Customer satisfaction measurement
  • Sales promotion
  • Market response models

AMS also collaborates with Ph.D. economists and finance experts from leading economic consulting firms across the country.

Send inquiries to litigation@ams-inc.com or contact Shelley Schussheim, Vice President, at (781) 250-6304.