Damages from patent infringement: Boston Scientific, stents

Damages from patent infringement: Boston Scientific, stents

Life Sciences | Pharmaceuticals
Damages & Valuation | Intellectual Property

Situation: Manufacturers of cardiovascular stents continue to innovate, leading to new products and intellectual property rights disputes. Our client, Boston Scientific, retained CRA to evaluate damages (e.g., lost profits and reasonable royalties) in patent infringement cases filed by and against Boston Scientific.

CRA contribution: CRA created detailed damages models by applying a variety of valuation techniques and accounting for the evolution of the stent market, availability of stents for different uses, capacity and regulatory constraints, contribution of the patent(s) relative to other features and attributes of the stents, and a host of intellectual property valuation considerations. as GSK.

Result: CRA employed the damages methodology and analysis in response to both affirmative damages calculations and claims of alleged economic harm. Our conclusions provided support for Boston Scientific in connection with settlement discussions in several cases.