CRA’s Life Sciences consultants were retained by a generic pharmaceutical manufacturer to assess potential damages exposure, should the manufacturer launch prior to the conclusion of patent litigation. The analysis examined expected generic uptake and entry scenarios, helping the generic manufacturer to decide whether to launch “at risk.” Factors were considered such as first-mover advantage from earlier entry and the price impacts from the entry of subsequent manufacturers. CRA also considered multiple damages theories, including price erosion, lost profits from lost sales, and reasonable royalty damages.
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...