Quantifying damages in life sciences cases

Competition inquiries, intellectual property disputes, and arbitration of commercial contracts all may require a quantification of damages. Assessing the potential harm often appears complex, although it need not be so. However, it is vital to avoid using “standard” or “canned” techniques that do not take into account the fundamental characteristics of the life sciences industry as a whole and the therapeutic category in particular. Vice President Tim Wilsdon, Vice President Peter Rankin, and Associate Principal Glyn Chambers suggest there are three key considerations: grounding analysis in the context of the life sciences industry, accounting for the regulatory context and its effect on business activities, and creating assessments that are consistent with commercial objectives and needs. In this article, the authors review common situations that illustrate the importance of these considerations.