Prospective damages assessment on behalf of a generic manufacturer

CRA Life Sciences consultants were retained by a generic pharmaceutical manufacturer to assess potential damages exposure, should the manufacturer launch prior to the conclusion of patent litigation. The analysis examined expected generic uptake and entry scenarios, helping the generic manufacturer to decide  whether to launch “at risk.” Factors were considered such as first-mover advantage from earlier entry and the price impacts from the entry of subsequent manufacturers. CRA also considered multiple damages theories, including price erosion, lost profits from lost sales, and reasonable royalty damages.