CRA was retained on behalf of a pharmaceutical manufacturer to assess the commercial success of drugs indicated for the treatment of severe acne and the nexus between that success and the patents at issue. At issue was the combination use of active ingredients. CRA found commercial success and a nexus between that success and the patents at issue. Although the manufacturer provided patient coupons for copay relief, CRA found that pricing and marketing activity were not undue contributors to commercial success.
Recent federal circuit opinions address the economic domestic industry requirement
Under Section 337, a complainant must demonstrate that a domestic industry relating to each asserted patent either exists or is in the process of being...