Experts in CRA’s Life Sciences Practice were retained in a bankruptcy proceeding taking place in Quebec Superior Court on behalf of the U.S. licensee of a women’s health product. At issue in the matter were the commercialization efforts of the licensee, and in particular whether these efforts satisfied the commercially reasonable efforts provision within the license agreement.
Dr. Gregory Bell submitted an expert report assessing the licensee’s commercialization efforts following its acquisition of the product from another licensee several years after launch and testified at the hearing. CRA’s analysis considered the product lifecycle and associated marketing efforts, the product’s past performance and uptake by patients, competitiveness of the marketplace, and the impact of Covid-19 on pharmaceutical commercialization activities. CRA also analyzed the profitability of the product over time under its different owners. In April 2024, the Court issued a decision in favor of CRA’s client, citing Dr. Bell’s evidence.
