In the context of a Lanham Act case, CRA assessed whether market performance for a hospital-based pharmaceutical product was affected by alleged improper statements by a competitor. CRA’s causality analysis included consideration of other economic factors that affected product sales, including assessment of market preparation, launch, commercialization, and promotional efforts used to support the product that was allegedly affected by improper marketing support.
IP Literature Watch: May 2023
In this month’s IP Literature Watch we include a paper providing an overview of the proposed alternative dispute settlement frameworks under the Data Act and...