--- title: Court Accepts Conjoint Analysis Survey Results as Proof of “Irreparable Harm” description: In a long-running patent battle between Apple and Samsung, AMS conjoint analysis results were successfully used to show proof of irreparable harm. --- #### [![ams-litigation-new-logo](https://blog.ams-litigation.com/hubfs/ams-litigation-new-logo.svg)](https://ams-litigation.com) - [Home](https://ams-litigation.com/) - [Services](https://ams-litigation.com/services/) - [Trademark Surveys](https://ams-litigation.com/services/trademark-surveys/) - [Likelihood of Confusion](https://ams-litigation.com/services/trademark-surveys/likelihood-of-confusion/) - [Dilution](https://ams-litigation.com/services/trademark-surveys/dilution/) - [Secondary Meaning](https://ams-litigation.com/services/trademark-surveys/secondary-meaning/) - [Genericness](https://ams-litigation.com/services/trademark-surveys/genericness/) - [Deceptive Advertising Surveys](https://ams-litigation.com/services/deceptive-advertising-surveys/) - [Class Action Surveys](https://ams-litigation.com/services/class-action-surveys/) - [Claim Substantiation Surveys](https://ams-litigation.com/services/claim-substantiation-surveys/) - [Patent Infringement Surveys](https://ams-litigation.com/services/patent-infringement-surveys/) - [Content Analysis](https://ams-litigation.com/services/content-analysis/) - [Antitrust Surveys](https://ams-litigation.com/services/antitrust-surveys/) - [Rebuttal Surveys and Reports](https://ams-litigation.com/services/rebuttals/) - Experts and Staff - [Survey Experts](https://ams-litigation.com/survey-experts/) - [Staff](https://ams-litigation.com/staff/) - Knowledge Center - [Case Studies](https://ams-litigation.com/case-studies/) - [Webinars](https://ams-litigation.com/webinars/) - [FAQ](https://ams-litigation.com/faq/) - [Resource](https://ams-litigation.com/resource-guides/) - [Blog](https://ams-litigation.com/blog/) - Join Us - [Why Work at AMS](https://www.ams-inc.com/why-work-at-ams/) - [Roles and Career Paths](https://www.ams-inc.com/roles-and-career-paths/) - [Contact Us](https://ams-litigation.com/contact-us/) ![banner Image](https://blog.ams-litigation.com/hubfs/AMS-Dec2017/Images/banner%201.jpg) - [Home](https://ams-litigation.com/) - » - [Blog](https://blog.ams-litigation.com) - » - Court Accepts Conjoint Analysis Survey Results as Proof of “Irreparable Harm” # Court Accepts Conjoint Analysis Survey Results as Proof of “Irreparable Harm” In the long-running patent battle between Apple and Samsung, the [Second Circuit recently issued its verdict on the appeal of the original case](http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/14-1802.Opinion.9-15-2015.1.PDF) (5:12-cv-00630-LHK) that resulted in a big cash award for Apple, but not the permanent injunction Apple had also wanted. In order to obtain that injunction, Apple needed to show irreparable harm. The district court did not believe that the conjoint analysis results that were the basis for the damages award were sufficient to show irreparable harm. The appeals court disagreed. The majority opinion in the appeal stated that “district court therefore erred as a matter of law when it required Apple to show that the infringing features were the reason why consumers purchased the accused products. Apple does not need to establish that these features are the reason customers bought Samsung phones instead of Apple phones—it is enough that Apple has shown that these features were related to infringement and were important to customers when they were examining their phone choices.” The court went on to directly reference Applied Marketing Science (AMS) Co-founder [Dr. John Hauser’s](https://ams-litigation.com/survey-experts/john-hauser/) conjoint analysis survey results which established that “consumers would not have purchased a Samsung phone if it lacked the patented features, that they valued these features, and that they were willing to pay considerably more for a phone that contained these features.” Although conjoint analysis has been used in other cases, this is the first time that an appeals court has held that the technique can be used to show irreparable harm by measuring the value to customers of a feature of a product enabled by an infringed patent. Because it is unusual for a single feature to be the *only* reason for purchasing a product—particularly one like a smartphone with hundreds of features—we can expect to see more applications of conjoint analysis in patent damages cases. [Patent Infringement](https://blog.ams-litigation.com/tag/patent-infringement) Share this: Previous Next ### SUBSCRIBE TO OUR BLOG ### Categories - [Trademark (59)](https://blog.ams-litigation.com/tag/trademark) - [News (28)](https://blog.ams-litigation.com/tag/news) - [Conference (23)](https://blog.ams-litigation.com/tag/conference) - [Conjoint Analysis (20)](https://blog.ams-litigation.com/tag/conjoint-analysis) - [Deceptive Advertising (18)](https://blog.ams-litigation.com/tag/deceptive-advertising) - [False Advertising (18)](https://blog.ams-litigation.com/tag/false-advertising) - [Likelihood of Confusion (17)](https://blog.ams-litigation.com/tag/likelihood-of-confusion) ### Applied Marketing Science Founded in 1989 with roots in the MIT Sloan School of Management, Applied Marketing Science is a market research and consulting firm with an established practice focused on consumer surveys for litigation. ### Join Our Mailing List By submitting your information you agree to receive electronic communications from AMS. You may unsubscribe at any time. ### Recent Posts ### Contact Us Applied Marketing Science 78 Blanchard Road, Suite 203 Burlington MA 01803   Phone: [781.250.6300](callto://17812506300) Email: [litigation@ams-inc.com](mailto:litigation@ams-inc.com) [AMS Corporate Site](http://www.ams-inc.com) ©2023 Applied Marketing Science, Inc. | [Sitemap](https://ams-litigation.com/sitemap_index.xml) | [Terms of Use](https://ams-litigation.com/terms-of-use/) | [Privacy Policy](https://ams-litigation.com/privacy-policy) - - ```json { "@context" : "https://schema.org", "@type" : "BlogPosting", "author" : { "@type" : "Person", "name" : "Robert Klein", "url" : "https://blog.ams-litigation.com/author/robert-klein" }, "dateModified" : "2019-05-10T17:06:36.673Z", "datePublished" : "2015-10-21T19:05:47.000Z", "headline" : "Court Accepts Conjoint Analysis Survey Results as Proof of “Irreparable Harm”", "mainEntityOfPage" : { "@id" : "https://blog.ams-litigation.com/conjoint-analysis-survey-irreparable-harm", "@type" : "WebPage" }, "publisher" : { "@type" : "Organization", "logo" : { "@type" : "ImageObject", "url" : "https://blog.ams-litigation.com/hubfs/Applied-Marketing-Science-Litigation-Survey-Experts-2.jpg" }, "name" : "Applied Marketing Science" } } ```