In the context of a Lanham Act case, CRA assessed whether market performance for a hospital-based pharmaceutical product was affected by alleged improper statements by a competitor. CRA’s causality analysis included consideration of other economic factors that affected product sales, including assessment of market preparation, launch, commercialization, and promotional efforts used to support the product that was allegedly affected by improper marketing support.
Anticompetitive conduct and patents listed in the Orange Book
Branded pharmaceutical manufacturers are required by law to list all patents in the Orange Book that cover an approved drug product. However,...