- Acumen Powered by Robins Kaplan LLP®
- Affirmative Recovery
- American Indian Law and Policy
- Antitrust and Trade Regulation
- Appellate Advocacy and Guidance
- Business Litigation
- Civil Rights and Police Misconduct
- Class Action Litigation
- Commercial/Project Finance and Real Estate
- Corporate Governance and Special Situations
- Corporate Restructuring and Bankruptcy
- Domestic and International Arbitration
- Health Care Litigation
- Insurance and Catastrophic Loss
- Intellectual Property and Technology Litigation
- Mass Tort Attorneys
- Medical Malpractice Attorneys
- Personal Injury Attorneys
- Telecommunications Litigation and Arbitration
- Wealth Planning, Administration, and Fiduciary Disputes
Acumen Powered by Robins Kaplan LLP®
Ediscovery, Applied Science and Economics, and Litigation Support Solutions
-
January 30, 2023David Martinez Named To 2023 Leaders of Influence: Minority Attorneys by Los Angeles Business Journal
-
January 25, 2023Roman Silberfeld Named to Daily Journal’s Inaugural Leading Commercial Litigators List
-
January 25, 2023Ron Schutz, Tara Sutton Named to Lawdragon “500 Leading Lawyers In America” List
-
March 3, 2023LGBTQ Legal Services: Transgender Name Change Clinic
-
March 19-22, 2023PLRB 2023 Claims Conference
-
April 3, 2023Conference of Tribal Lending Commissioners
-
Fourth QuarterGenerically Speaking: A Hatch-Waxman Litigation Bulletin
-
Fourth QuarterANDA Approvals
-
January 24, 2023Briefly: Column to Continue With New Authors at Helm
-
September 16, 2022Uber Company Systems Compromised by Widespread Cyber Hack
-
September 15, 2022US Averts Rail Workers Strike With Last-Minute Tentative Deal
-
September 14, 2022Hotter-Than-Expected August Inflation Prompts Massive Wall Street Selloff
Find additional firm contact information for press inquiries.
Find resources to help navigate legal and business complexities.
Using Consumer Surveys to Prove Patent Infringement Damages at Trial
December 1, 2011
Proving damages in patent infringement cases just keeps getting harder. The Federal Circuit’s decision in Uniloc USA, Inc. v. Microsoft Corp., 632 F.3d 1292 (Fed. Cir. 2011), illustrates the increased scrutiny damage awards in patent infringement cases have received in the past few years. In Uniloc, the court explained that damage awards in patent infringement cases must be supported by sound economic theory and tied to the patented invention’s “footprint in the marketplace.” And, where a patent covers only one feature of an accused product, Federal Circuit decisions also require that a patent holder wishing to present evidence regarding the overall profitability of the accused product demonstrate that the patented feature creates consumer demand for the product or its components.
Reprinted with permission from the December 2011 edition of the Law Journal Newsletters. © 2012 ALM Media Properties, LLC. All rights reserved.
The articles on our website include some of the publications and papers authored by our attorneys, both before and after they joined our firm. The content of these articles should not be taken as legal advice. The views and opinions expressed in this article are those of the author(s) and do not necessarily reflect the views or official position of Robins Kaplan LLP.
Related Professionals
Bryan J. Mechell
Partner
Related Publications
Related News
If you are interested in having us represent you, you should call us so we can determine whether the matter is one for which we are willing or able to accept professional responsibility. We will not make this determination by e-mail communication. The telephone numbers and addresses for our offices are listed on this page. We reserve the right to decline any representation. We may be required to decline representation if it would create a conflict of interest with our other clients.
By accepting these terms, you are confirming that you have read and understood this important notice.