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.
Econometrics for Intellectual Property disputes
What is econometrics? Econometrics is the application of statistical methods to economic and financial data, utilized for quantifying and rebutting economic...