A pharmaceutical company brought on a CRA consultant to estimate economic damages arising from alleged infringement and at-risk launch of a patented oral antihyperglycemic drug used in the management of type 2 diabetes. The alleged economic damages were estimated according to appropriateness and, if so, quantum of lost profits, price erosion, and reasonable royalty elements.
Evaluating the “next best” alternative when determining a reasonable royalty for patent infringement damages
In the context of a reasonable royalty analysis for patent infringement damages, accused infringers often consider their next best alternative when evaluating...