Co-marketing agreement dispute

On behalf of a medical device company that had developed an innovative treatment for a common urological condition, Brattle quantified the damages resulting from a failure of the company’s marketing partner to live up to the terms of its marketing and distribution agreement. This failure, which occurred at a point in time when several competing therapies were entering the market, allowed competitors to become established during what would otherwise have been the device company’s primary opportunity to win market share. Our team developed an econometric model of the adoption of new therapies by physicians and their subsequent supplier loyalty to their original suppliers, to estimate the device company’s lost sales.