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Linking Consumer Demand To Infringing Features

Publisher: Connecticut Law Tribune
October 25, 2013
Day Pitney Author(s) Elizabeth A. Alquist Jonathan B. Tropp

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.

Recommended
"Attorney's Guide for Understanding Copyright Law and Software in 2021," Thompson Reuters, the Global Cyber Institute, and Lexeprint Publishing

Intellectual Property Partner Jonathan Tropp will speak at the "Attorney's Guide for Understanding Copyright Law and Software in 2021," webinar presented by Thompson Reuters, the Global Cyber Institute, and Lexeprint Publishing on January 24. 

January 24, 2022
"Attorney's Guide for Understanding Copyright Law and Software in 2021," hosted by Thompson Reuters, the Global Cyber Institute, and Lexeprint Publishing
Shouting FIRE! (or Worse) on Social Media: The Interplay of the First Amendment and Government Involvement in Efforts to Limit or Remove Social Media Content
March 29, 2021

Partners Kevin J. Duffy and Richard H. Brown authored the article, "Shouting FIRE! (or Worse) on Social Media: The Interplay of the First Amendment and Government Involvement in Efforts to Limit or Remove Social Media Content," which was published in the Intellectual Property & Technology Law Journal.

Basic Tech and Cyber Competency for In-House Counsel: A Virtual Roundtable

Day Pitney and the Association of Corporate Counsel (ACC) Northeast Chapter co-hosted a virtual roundtable, "Basic Tech and Cyber Competency for In-House Counsel," on September 23.

September 23, 2020
“Anatomy of a Trademark Case,” Virtual Connecticut Legal Conference, Connecticut Bar Association

On September 16, Elizabeth Alquist and Catherine Dugan O'Connor will serve on a panel, moderated by Christopher Droney, for the session, "Anatomy of a Trademark Case," at the Connecticut Bar Association's Connecticut Legal Conference.

September 3, 2020
Trademark and Patent Law Overview
April 13, 2020
Four Day Pitney Partners Named BTI “Client Service All-Stars” for 2020
December 10, 2020

Day Pitney Press Release

Trumbull Council Diversity Task Force Members
September 15, 2020

Jon Tropp, a partner at Day Pitney, was appointed to the Town Council's Equity, Diversity and Inclusion Task Force for the Trumbull community

Wellington Councilman Michael Napoleone Appointed to Palm Beach County League of Cities Board of Directors
June 4, 2020

Day Pitney's Michael Napoleone has been appointed to the Palm Beach County League of Cities board of directors.

Day Pitney Named A "Powerhouse in Complex Commercial Litigation" in BTI Litigation Outlook 2020
October 16, 2019

In the BTI Litigation Outlook 2020: Changes, Trends, and Opportunities for Law Firms, published by the BTI Consulting Group, Day Pitney was named a "Powerhouse in Complex Commercial Litigation."

"It Isn't Illegal If It Doesn't Exist yet": Patent Laws Pose Challenges for the Cannabis Industry
June 26, 2019

Ryan Osterweil was quoted in an article, "'It Isn't Illegal If It Doesn't Exist yet': Patent Laws Pose Challenges for the Cannabis Industry," which was published by Cannabis Wire and reports on a recent New York City Bar Association program where he served as a panelist. 
Related Professionals
Elizabeth A. Alquist
Elizabeth A. Alquist
Hartford, CT
T: (860) 275 0137
Jonathan Tropp
Jonathan B. Tropp
New Haven, CT
T: (203) 977 7337
New Jersey Hartford Stamford Greenwich New Haven West Hartford Boston
New York Washington, DC Providence Boca Raton Miami West Palm Beach

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