Competitive impact of alleged sham patent litigation

A class of direct purchasers and another class of indirect purchasers brought suit against the manufacturer and the marketer of a well-known, branded antidepressant. The plaintiffs alleged that the defendants brought sham patent infringement cases against generic manufacturers seeking to launch generic equivalents in an effort to protect their monopoly on the drug. Brattle consultants analyzed the relevant product market for the drug in question, calculated market shares, and evaluated rivals’ ability to expand output along with barriers to new entry.