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
    Evaluation of an asthma medication with once-a-day dosing
    In a Hatch-Waxman litigation involving a drug for asthma, CRA was asked to assess commercial success and its nexus to the patent. In this case, the patent...
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  • 02
    Evaluation of a diabetes treatment
    CRA consultants supported a pharmaceutical company in its successful challenge of an ANDA filed by a generic manufacturer. The generic company sought to...
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  • 03
    Evaluation of a symptomatic treatment for multiple sclerosis
    In a patent litigation between branded and generic manufacturers of a treatment for symptoms of multiple sclerosis, CRA supported the plaintiff branded...
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