In a matter before the Delaware Chancery Court, CRA was retained by an early-stage pharmaceutical manufacturer whose trade secrets had been misappropriated through its contract manufacturer. The technology at issue described a novel way of developing therapeutic vaccines, was not covered by patents, and was involved in pre-clinical research. To demonstrate harm in the context of many years of risky development and regulatory hurdles, CRA’s expert evaluated the market for private investment in early-stage clinical research and the consequences of losing first-in-class status due to the misappropriation of trade secrets.
The comparability challenges patent damages experts face
In August, in MLC Intellectual Property LLC v. Micron Technology Inc., the US Court of Appeals for the Federal Circuit affirmed a district court’s ruling to...