AAA dispute involving commercially reasonable efforts in development and commercialization, and associated claim for damages


In a dispute between two pharmaceutical companies before American Arbitration Association (AAA), CRA consultants provided expert reports and testimony regarding whether respondent had invested commercially reasonable efforts to develop an in-licensed pharmaceutical therapy. In addition to a detailed analysis of the competitive circumstances affecting demand and revenue opportunities for the therapy, our consultants considered the effect of manufacturing issues and the adequacy of clinical information required for regulatory approval, and assessed claimed damages related to development and sales milestones and lost royalties.

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