A CRA expert was engaged to determine and support a reasonable royalty rate for the infringement of three patents used in the isomerization of paraxylene, a chemical used in the manufacture of polyester fibers. The patents in-suit included both process and composition of matter patents. The project included an analysis of the paraxylene industry and competing manufacturing processes and catalysts. It also included the development of a comprehensive computer model of production plants to evaluate the impact on value of changing market and pricing conditions. CRA’s expert presented these analyses, and they were used to rebut the position of the plaintiff’s expert that damages should be $400 million. The judge awarded $48 million in damages plus prejudgment interest.
Biosimilars: Economic Issues for IP Litigation
In July 2021, the U.S. Food and Drug Administration granted a determination of interchangeability to a biosimilar drug for the first time. This approval has...