CRA analyzed the lost profits and reasonable royalty damages sustained by a manufacturer assuming its patents to be valid and infringed as they relate to a rare immunology condition. The damages assessment considered the impact of infringement on the manufacturer’s marketed therapy as well as its pipeline agent, and determined the reasonable royalty rate from a hypothetical negotiation based on similar licensing agreements. Dr. Gregory K. Bell provided expert opening and reply reports to support the damages assessment. CRA further supported counsel by assessing the damages theories put forth by the opposing expert. Ultimately, this case settled prior to trial.
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,...