Day Pitney remains committed to providing quality legal counsel, while protecting our clients and employees, and transforming our communities into more just, equal and equitable spaces. For more information, please visit our COVID-19 Resource Center | Racial Justice and Equity Task Force.


Publications Events

Linking Consumer Demand To Infringing Features

Publisher: Connecticut Law Tribune
October 25, 2013

Beth Alquist, Jonathan Tropp and Cecilia Zhang Stiber authored an October 25 article for the Connecticut Law Tribune on the link between consumer demand and claims of infringing conduct. Recent rulings, including in a case between Samsung and Apple, have found that infringing behavior is partly determined by whether it influenced consumer purchasing behavior. The attorneys write: "Whether or not the Apple cases swing the pendulum further in favor of defendants after eBay, patent holders are well advised to arm themselves with objective evidence of causation, e.g., that infringing features drive consumer demand. As with the old saw about keeping doctors away, heeding the second Apple-Samsung ruling can only help. Besides, causal evidence developed for use in injunction proceedings may be usefully deployed to prove damages too."

The full article can be found here.

Related Professionals
Hartford, CT
T: (860) 275 0137
New Haven, CT
T: (203) 977 7337