CRA provided an expert opinion on damages in breach of contract litigation concerning the alleged improper grant of a patent sublicense. CRA identified the limited set of rights that would have been necessary to perform the allegedly improper development activity, based on a hypothetical negotiation between the parties, taking into account the willingness of the licensor to grant such a sublicense, and other market indicators of the value of such a sublicense.
Anticompetitive conduct and patents listed in the Orange Book
Branded pharmaceutical manufacturers are required by law to list all patents in the Orange Book that cover an approved drug product. However,...