HomeWebcastEffective Use of Survey Evidence in IP Litigation: Tips and Tactics in 2019
Online CLE Survey Evidence in IP CLE

Effective Use of Survey Evidence in IP Litigation: Tips and Tactics in 2019

Live Webcast Date: Thursday, January 31, 2019 from 3:00 pm to 4:00 pm (ET)
CLE Intellectual Property LawRecording

Online CLE Survey Evidence in IP

Join us for this Knowledge Group Online CLE Survey Evidence in IP Webinar. Generally, consumer surveys are accepted and relied on in trademark infringement cases, provided that they are relevant and do meet appropriate standards. These surveys have become a useful tool to evaluate the damages resulting from an alleged intellectual property (IP) infringement, especially when there are no other sources of data. However, courts are still skeptical when it comes to the use of these surveys, thus, scrutinizing them for compliance and rejecting those that violate the standards.

Recent decisions have underscored the need to adhere to best practices in designing and implementing these surveys.  Considering the cost in conducting a survey, litigants should ensure the survey evidence’s relevance and usefulness in litigation.

In this Webcast, a notable panel of thought leaders organized and assembled by The Knowledge Group will provide the audience with an in-depth analysis of the fundamentals as well as the importance of survey evidence in IP litigation. Speakers will also present best practices and practical tips in developing and implementing effective consumer surveys.

Key topics include:

  • Survey Evidence in IP Litigation: Legal Framework
  • Notable Cases
  • Best Tips and Tactics
  • Addressing Admissibility Challenges
  • 2019 Outlook

Who Should Attend

  • IP Litigation Attorneys and Related
  • Patent Lawyers
  • Trial Attorneys
  • Legal Counsel
  • Other interested/related professionals and organizations


Online CLE Survey Evidence in IP
Dylan Galaty
Senior Consultant
NERA Economic Consulting
Online CLE Survey Evidence in IP
Jeffery A. Stec, Ph.D.
Managing Director
Berkeley Research Group, LLC

Click Here to Read Additional Material

Online CLE Survey Evidence in IP

Dylan Galaty, Senior Consultant
NERA Economic Consulting
  • Correct survey format
    • Eveready vs. Squirt
    • Conjoint vs. consumer preference
  • Selecting the proper universe
    • Overinclusiveness
    • Underinclusiveness
  • Marketplace conditions
    • Replicating the real-world consumer experience
  • Proper stimuli
    • Trademark
    • Trade dress
    • Controls

Jeffery A. Stec, Ph.D., Managing Director
Berkeley Research Group, LLC
  • Elements to address in improving the effectiveness of IP survey evidence
  • The use of surveys in patent infringement litigation
    • Survey research topics that can be addressed
      • Usage of a patented feature
      • Importance of a patented feature
      • Willingness to pay for a patented feature
      • Acceptability of non-infringing alternatives
      • Review of the case law
  • The use of surveys in trademark infringement litigation
    • Experimental design principles – use of a control group
      • Rationale for use of a control group
      • Determination of the stimuli for treatment and control cells
      • Review of the case law

Online CLE Survey Evidence in IP

Online CLE Survey Evidence in IP

Dylan GalatySenior ConsultantNERA Economic Consulting

Mr. Galaty is an expert in survey research, sampling, market research, and statistical analysis. He has nearly 20 years of consulting experience working with clients to design and manage custom surveys, business research and analytics programs. A member of the firm’s statistical sampling, survey research, and intellectual property practices, he focuses on survey research and analysis related to trademarks, patents, and false advertising.

In addition, Mr. Galaty conducts surveys and assessments focused on labor, labor practices, and organizational culture.  Specifically, his research has evaluated discrimination and harassment claims, corporate risk, process safety management and corporate social responsibility. His work has assessed the impact of organizational culture on employees, business operations and organizational reputation.

Mr. Galaty has experience working across a variety of industries including advertising, aerospace, consumer and packaged goods, defense, energy, entertainment, financial services, gaming, healthcare, life sciences, public sector, retail, and technology.

Online CLE Survey Evidence in IP

Jeffery A. Stec, Ph.D.Managing DirectorBerkeley Research Group, LLC

Dr. Jeffery Stec is a Managing Director, a leader of Berkeley Research Group’s Intellectual Property practice, and a co-leader of its Economics & Damages community. He has worked extensively over the last 18 years in the areas of antitrust, finance, intellectual property, and survey research, as both a consulting expert and an expert witness. His engagements typically involve the application of economic, financial, statistical, and survey research theory to the collection and analysis of data to evaluate the economic impact of decisions made by consumers and firms. In the area of survey research, Dr. Stec has both created and critically evaluated surveys in the context of antitrust, finance, and intellectual property engagements. He has developed complex sample designs, designed survey questionnaires, and collected and analyzed survey data. He has conducted surveys that have been used to determine consumers’ perceptions and actions in the marketplace, including whether products’ names or trade dress are distinctive, confusing, or generic. Dr. Stec has also examined how products are used in the marketplace and how consumers value product features. He has testified regarding economics, econometrics, and survey research as an expert witness in Federal Courts, State Courts, and in front of various arbitration and government entities, like the US International Trade Commission.  Dr. Stec has Ph.D. and MA degrees in Economics from the Ohio State University. He has BA degrees in Economics with a Math minor from the University of Illinois – Chicago and in Psychology and Philosophy from Cornell University.

Online CLE Survey Evidence in IP

Course Level:

Advance Preparation:
   Print and review course materials

Method Of Presentation:
   On-demand Webcast

   Experience in IP Litigation

Course Code:

NY Category of CLE Credit:
   Areas of Professional Practice

Total Credit:
    1.0 CLE

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About the Knowledge Group

The Knowledge Group

The Knowledge Group has been a leading global provider of Continuing Education (CLE, CPE) for over 13 Years. We produce over 450 LIVE webcasts annually and have a catalog of over 4,000 on-demand courses.

About the Knowledge Group

The Knowledge Group

The Knowledge Group has been a leading global provider of Continuing Education (CLE, CPE) for over 13 Years. We produce over 450 LIVE webcasts annually and have a catalog of over 4,000 on-demand courses.

With offices across North America, Europe, and Asia Pacific, NERA is widely recognized as a leading global provider of expertise in intellectual property economics. Our deep understanding of markets across industries and regulatory environments where IP plays a role enables our consultants to provide accurate, independent, and thorough analysis to law firms and companies around the world.

NERA experts apply rigorous economic analysis in IP disputes to determine damages in connection with infringement and breach-of-contract claims involving patents, trademarks, copyrights, and trade secrets, and to address issues such as irreparable harm, the commercial success of a patent, and the impact of claimed false or misleading advertising.

Our valuation consultants value IP in connection with selling or licensing negotiations, preparing required transfer pricing documentation, obtaining advance approval from a tax authority for the price of a particular trade flow or resolving a tax controversy. We help our clients identify portions of their IP portfolios that have value, develop strategies to manage risk, and use their IP for strategic advantage in the marketplace.

Website: https://www.nera.com/

Berkeley Research Group is a leading global strategic advisory and expert consulting firm that provides independent advice, data analytics, valuation, authoritative studies, expert testimony, investigations, transaction advisory, restructuring services, and regulatory and dispute consulting to Fortune 500 corporations, financial institutions, government agencies, major law firms, and regulatory bodies around the world. BRG experts and consultants combine intellectual rigor with practical, real-world experience and an in-depth understanding of industries and markets. Their expertise spans economics and finance, data analytics and statistics, and public policy in many of the major sectors of our economy, including healthcare, banking, information technology, energy, construction, and real estate. Named by Forbes as one of America’s Best Management Consulting Firms in 2017, BRG is headquartered in Emeryville, California, with offices across the United States and in Asia, Australia, Canada, Latin America, the Middle East, and the United Kingdom.

Website: https://thinkbrg.com/

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