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.
IP Literature Watch: May 2023
In this month’s IP Literature Watch we include a paper providing an overview of the proposed alternative dispute settlement frameworks under the Data Act and...