In a matter before the Delaware Chancery Court, CRA was retained by an early-stage pharmaceutical manufacturer whose trade secrets had been misappropriated through its contract manufacturer. The technology at issue described a novel way of developing therapeutic vaccines, was not covered by patents, and was involved in pre-clinical research. To demonstrate harm in the context of many years of risky development and regulatory hurdles, CRA’s expert evaluated the market for private investment in early-stage clinical research and the consequences of losing first-in-class status due to the misappropriation of trade secrets.
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...