Smallest saleable patent-practicing unit in life sciences disputes
In this article titled “Smallest saleable patent-practicing unit in life sciences disputes,” author Erin McDermott examines methods for calculating damages in...
CRA has assisted clients in intellectual property (IP) matters concerning products and services in the life sciences sector, including Hatch-Waxman and BPCIA matters. We have also addressed patent, trademark, and copyright infringement, trade secret misappropriation, and IP licensing. Our experts have quantified damages based on lost profit and reasonable royalty methods and provided opinions on irreparable harm. In addition, we have experience addressing other forms of relief, such as rescission and disgorgement.
Our understanding of the unique dynamics of different therapeutic areas informs assessments of commercial success as a secondary indicator of non-obviousness and the claimed nexus between patented technologies and product success.
Engagements
- 01Damages due to misappropriation of trade secrets and confidential information by multiple partiesCRA calculated actual loss, reasonable royalty damages, and unjust enrichment due to the plaintiff. Dr. Gregory K Bell provided opening and reply reports and...View engagement
- 02Lost profit damages due to manufacturer for alleged counterfeit salesCRA calculated the lost profits due to the manufacturer for the counterfeit drug products sold and distributed by the defendants. CRA’s analysis assisted...View engagement
- 03AAA dispute in commercially reasonable efforts to market a hospital administered drugCRA expert, Dr. Sean Sheridan considered the Respondent’s efforts as they relate to the obligations of the licensing agreement and evaluated those efforts...View engagement