IP litigation and damages
Services

Commercial Success

CRA experts prepare accounting, marketing and economic analyses relevant to Commercial Success, a secondary consideration in the determination of obviousness for patents. We provide clear and fact-supported testimony in all forums where the validity of patents is at issue, including in patent infringement litigation, PTAB IPRs, and in ITC Section 337 investigations. Our experts with deep experience in the pharmaceutical and life science sectors are particularly suited to addressing Commercial Success in ANDA/Hatch-Waxman litigation.

Engagements

  • 01
    Testimony from Intellectual Property Practice secures finding of a domestic industry for medical tech company
    CRA’s client was seeking to block a European supplier from importing devices infringing its patents covering balloon sinus dilation technology. Ms. Rowe...
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  • 02
    Evaluation of a blockbuster heart failure medication
    On behalf of a plaintiff for a blockbuster heart failure fixed-dose combination medication, CRA was retained to assess the commercial success of the product...
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  • 03
    Evaluation of an asthma medication with once-a-day dosing
    In a Hatch-Waxman litigation involving a drug for asthma, CRA’s life sciences experts were asked to assess commercial success and its nexus to the patent. In...
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