CRA expert testifies on breach of contract matter in medical dermatology

CRA Life Sciences practice head Greg Bell testified at an arbitration hearing concerning the alleged breach of an agreement to commercialize a medical dermatology product. At issue was whether the respondent, a major pharmaceutical company, had used commercially reasonable efforts in its launch and commercialization of the product and its eventual decision to divest the product to another company. Dr. Bell considered the respondent’s promotional efforts and other actions against several relevant benchmarks, concluding that commercially reasonable efforts were exercised. In addition, Dr. Bell addressed the damages assessment proffered by claimant’s expert, with a focus on critiquing the expert’s use of a limited selection of sales projections to serve as the basis for damages.