McKool Smith principal Richard Kamprath spoke with Bloomberg Law on the patent attorneys’ growing interests in the hedonic regression analysis, which was used to isolate a specific product feature and estimate its value. While there are other conventional ways to calculate damages and royalties owned in patent cases, Richard suggests that “the analysis might be helpful to supplement other models, under the right conditions. If a plaintiff has multiple models that come to a similar number, it could make the verdict harder to attack, both in front of a jury and on appeal.” He added, “To me, if you have three damages models that all are in the same range and support the jury verdict, it’s much more difficult for the Federal Circuit to say, ‘All three of these were wrong and let me tell you why they were all wrong.” Read the article here.
