In JAMS arbitration, CRA was retained by the respondent in a dispute regarding the pricing of an in-licensed pharmaceutical. As the product at issue was expected to be used as both a monotherapy and as part of a combination regimen, CRA’s expert report included consideration of pricing and marketing of combination therapy components based on forecasts and analog therapies, as well as reimbursement considerations for the potential uses of the product. Also included was an assessment of the claimant’s proposed damages, including a demonstration of the sales and reimbursement difficulties that made the damages claim unsound considering industry norms.
Damages in Life Sciences Arbitrations
Gregory K. Bell, Andrew Tepperman, and Justin Ho contributed a chapter to Global Arbitration Review’s The Guide to Damages in International Arbitration. Their...