As part of Hatch-Waxman litigation, CRA was asked to assess commercial success of Ofirmev, an injectable acetaminophen product for peri-operative use. The CRA team assessed the success of Ofirmev in the United States and another embodiment of the patents in the Big 5 European countries. A CRA’s expert opined on commercial success as a secondary indicia of non-obviousness and opined that there was a nexus to the patents. Ultimately, the court agreed with the CRA expert assessment and found for commercial success.
CRA Sessions | Readily ascertainable? AI’s role in redefining trade secrets
Intellectual property expert and host David Duski (CRA) joins Brian Nolan (Mayer Brown), to explore the evolving intersection of AI and trade secret law.