Patent damages for line extensions

IP Arbitration International Arbitration

CRA was retained by plaintiff in a matter involving the alleged infringement of patents associated with extended-release formulations of a pain management product. CRA reviewed existing and similar licenses for their relevance to determining a royalty range for the hypothetical negotiation between willing parties. CRA then conducted a Georgia-Pacific analysis to provide an opinion on the reasonable royalty assuming the patents were valid and infringed. A key consideration was how extended-release technologies enabled a long-acting formulation that became widely used and favored over short-acting versions.

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