CRA was retained on behalf of a pharmaceutical manufacturer to assess the commercial success of drugs indicated for the treatment of severe acne and the nexus between that success and the patents at issue. At issue was the combination use of active ingredients. CRA found commercial success and a nexus between that success and the patents at issue. Although the manufacturer provided patient coupons for copay relief, CRA found that pricing and marketing activity were not undue contributors to commercial success.
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,...