In a Hatch-Waxman litigation involving a drug for asthma, CRA’s life sciences experts were asked to assess commercial success and its nexus to the patent. In this case, the patent involved a new once-daily dosing schedule. To assess nexus, CRA’s team examined sales in countries that approved the patented dosing regimen to sales in countries that did not and examined any changes in sales in countries that adopted the dosing regimen after launch. CRA found that the patented feature could not explain sales. CRA’s consultants submitted expert reports and deposition testimony. Following an at-risk launch, the case ultimately settled.
Trade Secret Litigation Watch: August 2025
In this Insights, CRA’s Intellectual Property Practice consultants take a closer look at trade secret case filings and developments from the first half of...