ICC arbitration regarding development of pharmaceutical therapy

In an ICC arbitration, CRA was retained by the respondent in a dispute regarding alleged failure to provide commercially reasonable efforts to develop and commercialize a pharmaceutical therapy.  As the dispute included subsequent sublicensing of the therapy at issue, CRA’s analysis included assessment of development and commercialization efforts by every party that had a stake in the therapy, from before the transaction through the date of the dispute.  CRA’s analysis demonstrated that the opportunities for the therapy were limited, considering the commercial circumstances into which the product would launch, competition from other product classes, limited patent protection, and the particular clinical profile of the therapy at issue.  In the face of such competitive challenges, CRA’s report and testimony showed that the claimant’s desired levels of investment were unsupported.