Commercial Success

Proof of commercial success has been allowed by courts to be used to bolster non-obviousness assertions in patent litigation. Additionally, it is often a key economic variable in many ITC patent infringement matters. While elements such as profitability, market share, unit sales, and revenue, among others, can be important components of a commercial success analysis, commercial success must ultimately be tied to the demand for the patented feature. These calculations often demand very sophisticated economic and financial analyses, as well as a thorough understanding of the patented feature. Our experts possess the required combination of skill and experience to make accurate and supportable quantitative assessments of commercial success.

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