Damages analysis in the pharmaceutical industry
Brattle experts have calculated lost profits and/or reasonable royalties in numerous disputes involving both biologic drugs and conventional pharmaceuticals, including over-the-counter (OTC) drugs. In these engagements, we have provided economic assessments of the but-for world in which the alleged patent infringement did not occur. In constructing this but-for world, we have paid particular attention to the impact of patents on launch timing, the availability of non-infringing alternatives, and the extent to which infringement may have made the drug more attractive relative to competing therapies. We have also evaluated the extent to which the branded drugs’ sales can be attributed to its manufacturer’s marketing assets and other intangibles in order to assess the plaintiffs' likely sales in the but-for world. The analyzed drugs include those used to treat asthma and other respiratory conditions, HIV/AIDS, GERD, and bacterial infections.