antitrust and ip
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Antitrust & IP

Actual or alleged conduct by intellectual property owners may give rise to private antitrust cases or actions by competition enforcement agencies. Antitrust issues may arise when, for example, patent, copyright, or trademark owners are alleged to have anticompetitively exploited their IP rights or, in the merger context, when intellectual property rights may be alleged to constitute a barrier to entry. CRA offers a team of world-class economists who specialize in the economics of antitrust and intellectual property.

We have provided oral and written expert testimony in hundreds of legal disputes involving intertwined IP and antitrust issues including, patent misuse, Fair, Reasonable and Non-Discriminatory (FRAND) royalties, pay-for-delay and reverse payments, and Walker process and other antitrust counterclaims.

Engagements

  • 01
    At risk generic entry and impact of formulary status
    In a Hatch-Waxman litigation, a first-to-file generic manufacturer asked CRA to assess changes in formulary status that would result from the at-risk entry and...
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  • 02
    CRA economists assisted TCL in its litigation against Ericsson
    CRA economists assisted TCL in its litigation against Ericsson involving a determination of FRAND rate for cellular standard SEPs in the US and in China. The...
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  • 03
    Economic analysis in a product hopping litigation
    This case involved a blood thinner drug whose initial patent had expired. The brand company improved the product and obtained additional patents on those...
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