Consequences of counterfeit pharmaceutical product sales
Recently, both the FDA and EMA have raised concerns about counterfeit drug products, including GLP-1s used for weight loss and diabetes, being marketed in the...
CRA has assisted clients in intellectual property (IP) matters concerning products and services in the life sciences sector, including Hatch-Waxman and BPCIA matters. We have also addressed patent, trademark, and copyright infringement, trade secret misappropriation, and IP licensing. Our experts have quantified damages based on lost profit and reasonable royalty methods and provided opinions on irreparable harm. In addition, we have experience addressing other forms of relief, such as rescission and disgorgement.
Our understanding of the unique dynamics of different therapeutic areas informs assessments of commercial success as a secondary indicator of non-obviousness and the claimed nexus between patented technologies and product success.
Engagements
- 01Quasi-experimental econometric analyses in contract breach, theft of trade secrets, and tortious interference matterTo estimate damages associated with the tortious interference claims, CRA experts conducted a variety of econometric analyses. Quasi-experimental regression...View engagement
- 02Damages due to misappropriation of trade secrets and confidential information by multiple partiesCRA calculated actual loss, reasonable royalty damages, and unjust enrichment due to the plaintiff. Dr. Gregory K Bell provided opening and reply reports and...View engagement
- 03Lost profit damages due to manufacturer for alleged counterfeit salesCRA calculated the lost profits due to the manufacturer for the counterfeit drug products sold and distributed by the defendants. CRA’s analysis assisted...View engagement