Calculation of a reasonable royalty for by a direct licensee competitor

IP litigation and damages

A CRA expert provided an opinion on the reasonable royalty due to the exclusive licensee of a patent covering an injectable drug as a result of infringement by a direct competitor. CRA started from the terms of the existing license agreement covering the patent rights, and adjusted these to reflect relevant commercial considerations, including the competitive relationship between the parties, the respective levels of risk borne, and other intellectual property covered by the license.

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