Branded drug attempt to monopolize through sham patent litigation

Branded drug attempt to monopolize through sham patent litigation

Timothy Snail
Health Care | Life Sciences
Antitrust & Competition

A CRA expert was retained in an antitrust class action matter on behalf of a branded pharmaceutical manufacturer in which plaintiffs alleged inappropriate listings of patents in the FDA’s Orange Book under the Hatch-Waxman Act, sham patent litigation, and attempted monopolization. CRA’s expert economic analyses demonstrated the branded pharmaceutical competed broadly with other products and that plaintiffs’ but-for model lacked validity.