In a Canadian dispute for an antiviral product, CRA was retained to evaluate lost unit sales and lost profits suffered by a branded company from the allegedly improper sale of generic product in violation of a settlement agreement. At issue was the impact of the generic manufacturer flooding the market with product for a brief window of time before removing its product from the market and the effect on branded sales over time.
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...