CRA addressed issues relating to commercial success in patent litigation on behalf of an innovator company commercializing a drug for a rare disease. CRA addressed sales growth, profitability, and performance relative to other treatments for the same rare condition. In addition, CRA considered the characteristics of the product enabled by the patent in suit, taking into account clinical trial findings, product advantages reflected in company and public materials, and the company’s marketing activities.
IP Literature Watch: March 2024
In this month’s IP Literature Watch we include an article analyzing four case studies of controversy over license design in open-source software and hardware...