Surveys conducted independent of litigation have had mixed success in court. These surveys have been offered as evidence of customer confusion in false advertising cases, intellectual property value in patent cases, consumer behavior in antitrust cases, and plaintiff identification in class actions. In some cases, non-litigation surveys have been admitted as useful evidence on important questions for which data are scarce; in others, they have been excluded as irrelevant or unreliable.
Recent Posts
- Pro Se Applicant Gets USPTO’s 101 Rejection Vacated at CAFC
- Split Third Circuit Upholds Medicare Price Negotiation Program Under Biden IRA
- U.S. Chamber-Led Coalition Joins Voices Telling Commerce to Nix Valuation-Based Patent Fee Proposal
- Trump Order Bars USPTO Patents Employees from POPA Membership But Will Not Yet Affect Telework
- CAFC Upholds Prosecution Laches Ruling Against Gil Hyatt