AMS survey helps value specific feature of software product

In this patent infringement matter involving a computer toolbar, Applied Marketing Science, Inc. (AMS) provided essential information to an economist that was retained to assess damages on behalf of the defendant. The AMS survey assessed the value of a specific feature of the toolbar to users, by examining how people used the toolbar, the features that were used and not used, familiarity with the specific feature, and the perceived value of the feature to customers. The results of the survey refute the plaintiff’s contention that a significant part of the value of the toolbar can be traced to the infringing feature. The study showed that close to zero percent of the population placed value on the feature, and that based on this factor that there are no damages.