Situation: Our client, counsel to Bayer, wished to explain to the court why its settlement of patent litigation with a potential generic entrant was driven by legitimate business considerations.
CRA contribution: CRA assembled a team with expertise in the pharmaceuticals industry, antitrust analysis, and game theory. Our economic analysis of the settlement accounted for the business risks facing the parties as well as the potential for a delay in lawful generic entry.
Result: CRA’s expert analysis supported pre-trial motions, and the court granted summary judgment to the defendants.
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,...