AMS survey using conjoint analysis supports $70 million award

A federal jury in Marshall, Texas awarded the client, a manufacturer of a consumer electronics product, over $70 million in its patent infringement suit against a leading competitor. Applied Marketing Science, Inc. (AMS) served as consultants to the client’s team of attorneys, and conducted market research and analysis to support the damages claim. To perform this analysis, AMS used conjoint analysis, a survey technique in which consumers are asked to trade off various product options they could consider in the buying situation. Conjoint analysis assigns specific dollar values to the range of options in order to indicate the price consumers would pay for a product having the specific infringing feature (or the price concession needed to compensate for the lack of the infringing feature).