Court rules in favor of commercial success

Vaccine with syringe

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.

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