CRA assisted a leading manufacturer of spinal implants in a patent infringement lawsuit it brought against the US market share leader. CRA’s analyses and testimony formed the foundation for a damages award of $52 million for the patentee. This award included lost profits, reasonable royalties, and pre- and post-judgment interest.
The same spinal implant maker later engaged CRA in another lawsuit, related to different spinal implant patents, that it brought against the same infringer. Here, CRA’s damages analyses and testimony formed the foundation for an award of $24 million. Once again, the award was made up of lost profits, reasonable royalties, and interest.
Biosimilars: Economic Issues for IP Litigation
In July 2021, the U.S. Food and Drug Administration granted a determination of interchangeability to a biosimilar drug for the first time. This approval has...