In patent litigation between branded and generic manufacturers of canine flea & tick products, CRA was asked to assess irreparable harm. CRA examined effects from the entry and ongoing sales of the generic products, business losses suffered by the branded manufacturer and whether they could be attributed to the sale of the generic products, the influence of new channels, such as the internet, and the impact of newer, more effective classes of parasiticides. CRA submitted a declaration on irreparable harm.
Recent federal circuit opinions address the economic domestic industry requirement
Under Section 337, a complainant must demonstrate that a domestic industry relating to each asserted patent either exists or is in the process of being...