JAMS arbitration between two pharmaceutical companies

CRA provided expert reports and hearing testimony in a JAMS arbitration between pharmaceutical companies that were parties to a licensing agreement, CRA assessed the claimant’s entitlement to a share of the fees obtained by the respondent from a sublicensee.  A key issue in the dispute was the interpretation, from a business and economic perspective, of upfront and milestone fees, and the applicability of sublicense payment sharing arrangements to those fees.  In addition, CRA evaluated whether payments made under the sublicense were in reimbursement for certain research and development expenses or were to be considered upfront and/or milestone payments.