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A critical part of any patent infringement or false advertising lawsuit is the calculation of damages. Plaintiff and defendant experts often propose and conduct surveys to approximate damages. One common method that has gained much traction in federal courts is choice based conjoint analysis. This method seeks to calculate the value that consumers place on the specific patented or falsely advertised feature. The method comes from marketing scholarship and is often seen as black box. This session will unpack that method and show how it can and should be applied to patent and false advertising damage calculations.
Suneal Bedi is an Assistant Professor of Business Law & Ethics at the Kelley School of Business, at Indiana University. He received is JD from Harvard Law School and a PhD in Marketing/Business Ethics from The Wharton School. His research focuses on marketing law drawing upon empirical methods to better inform legal doctrines.
Please join Suneal Bedi as he discusses:
- A primer on patent damages (5 minutes)
- A primer on false advertising damages (5 minutes)
- A detailed explanation of how choice based conjoint analysis works (30 minutes)
- Applications of choice based conjoint to patent and false advertising cases (10 minutes)
- Best practices for both plaintiff and defendant attorneys when using the method (10 minutes)
Program Level: Overview
Prerequisites: An interest in patent and false advertising litigation
Advanced Preparation: None