Commercial success analysis
For numerous cases in which generic drug manufacturers alleged that the patents on a branded drug were invalid due to obviousness, Brattle prepared expert reports analyzing the commercial success achieved by drugs covered by the at-issue patents. These reports explained economic criteria for commercial success, empirically evaluated the drugs’ success related to those criteria, and assessed evidence regarding the strength of the nexus between the drugs’ patented properties and their sales. Our analyses have involved composition, formulation, and method-of-use patents. Our work has involved treatments for a wide array of conditions, including various types of cancer, hormone deficiency, acne, GERD, and IBS.