CRA was retained by a pharmaceutical company to assist in settlement negotiations with a potential generic competitor. As part of this project, CRA prepared a flexible valuation model to estimate the expected profits from the perspective of the generic competitor under various assumptions. CRA also prepared a decision probability tree analysis to address issues related to litigation risk, acceptable date of generic entry and the impact of an authorized generic.
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...