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
    Trial testimony on commercial success of pharmaceutical product cited by court
    CRA determined the commercial success of a pharmaceutical product used in the treatment of prostate cancer. CRA analyzed among other things, the relevant...
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  • 02
    Commercial success rebuttal testimony for Inter Partes Review at the PTAB
    CRA provided an expert declaration and testimony regarding the commercial success of patents related to fluoropolymers used for the insulation of data...
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  • 03
    Multi-channel lost profits analysis in building materials industry
    CRA was retained by the market leader in a segment of the building materials industry to determine damages due to alleged patent infringement by the second...
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