In a matter before the Hague District Court, CRA provided expert reports regarding the damages sustained by a generic entrant from the wrongful enforcement of an injunction preventing generic entry. In estimating the damages suffered, CRA analyzed and addressed questions regarding additional generic entry and how the introduction of additional products would have impacted sales of the generic. CRA analyzed trends in other European Union countries where there was no injunction against the generic to accurately estimate the sales that would have occurred and the lost profits suffered by the generic
Trade Secrets Monetary Remedies Commentary
The rules for what money a successful trade secret claimant can recover are easy to state but often difficult to apply. The Sedona Conference’s Working Group...