CRA assess commercial success for rare disease drug

CRA addressed issues relating to commercial success in patent litigation on behalf of an innovator company commercializing a drug for a rare disease. CRA addressed sales growth, profitability, and performance relative to other treatments for the same rare condition. In addition, CRA considered the characteristics of the product enabled by the patent in suit, taking into account clinical trial findings, product advantages reflected in company and public materials, and the company’s marketing activities.