CRA was retained by defendants in this landmark pay-for-delay litigation involving the FTC, a generic manufacturer that was not a first filer, direct purchasers, opt-out pharmacies, end payors, and an opt-out end payor. Expert discovery was conducted prior to and again after the Supreme Court’s 2013 ruling in FTC v. Actavis. CRA experts analyzed market power, anticompetitive impact, causation issues, and damages.
CRA’s work assessed whether multiple generic first filers would enter at risk, valuation of side deals, and procompetitive benefits, and whether the alleged payments were consistent with a strong likelihood of generics winning the patent litigation. Market power analyses examined the uses of the drug and alternatives used for the same indication, market positioning, factors influencing physician choice, and competition for formulary listing. CRA advised counsel and clients on potential damages. Dr. Gregory K. Bell testified on issues of market power and anticompetitive impact at trial.
