Patent Infringement and Damage Assessment Surveys

MMR Strategy Group provides surveys to measure patent infringement, and to provide input for damage assessment in patent infringement matters.


Surveys are increasingly used by courts as a means to support damage assessment in patent infringement matters. Surveys may be particularly helpful in matters where there is little history upon which to calculate established or regular royalty rates, and where calculations must be made for estimates of reasonable royalties or lost profits.

For damage assessment in patent infringement matters, survey experts may measure customer attitude and behaviors in areas such as the following:


  • Buying behavior, including the criteria that are considered in the buying process.
  • Commercial success and sales.
  • The ways that products or specific features are used, as well as the manner of their use.
  • The communications that customers receive in the marketplace.
  • Customer attitudes and impressions in the marketplace.


For example, surveys can provide measurements relevant to evaluating the Georgia-Pacific factors, which may be used to evaluate damages in patent infringement matters.


For more information, read Using Surveys to Estimate Damages in Patent Infringement Matters.   Contact us to learn how MMR Strategy Group can help with your patent infringement or damage assessment survey.

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