ICDR arbitration regarding launch of generic pharmaceutical product

CRA provided an expert report and testimony on behalf of claimant in an ICDR arbitration arising out of an alleged breach of a settlement and license agreement that resolved patent litigation concerning the launch of a generic version of a branded pharmaceutical product. The parties had originally settled patent litigation that allowed for the generic company (the respondent) to enter the market in certain circumstances, including the at-risk entry of another generic manufacturer. The claimant, the branded manufacturer, alleged that the generic manufacturer violated the agreement by flooding the market with its generic product and then failing to remove its supply from the market after the at-risk entrant exited. CRA provided estimates of the claimant’s lost profits and assessed the respondent’s sales conduct relative to industry standards.

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