Brattle’s intellectual property experts have an in-depth familiarity with all of the analyses and types of testimony required in patent cases involving biologics, pharmaceuticals, and medical devices. We have extensive experience quantifying economic damages in both lost profits and reasonable royalty cases.
In addition, we frequently provide expert analysis on the extent of the commercial success achieved by a drug, as well as the nexus between the at-issue patent and that commercial success. In numerous cases, we have been involved determining whether a patent owner requires injunctive relief to prevent irreparable harm.
Brattle has also assessed damages in numerous breach of contract cases for life sciences companies. To calculate damages in these cases, our experts have rigorously analyzed all aspects of the world “but for” the alleged breach, including quantitative and qualitative analyses of the underlying regulatory environment, the extent of competition among arguably similar therapies, ex ante expectations of future sales and profitability, historical pricing and sales trends, and customary interpretation of specific contractual terms.