Having developed an innovative surgical procedure for use in women’s healthcare, as well as a new surgical tool for performing that procedure, our client sought to enjoin a rival company from selling an infringing tool to perform this procedure. In support of the client’s injunction requests, Brattle prepared analyses of irreparable harm arising from the rival company’s continued market presence. We demonstrated that the competitor’s continued infringement would significantly reduce the expected value of our client’s future investments in its fledgling women’s health business, particularly because our rival already had a well-established presence in this arena. We also showed that in the absence of a preliminary injunction, the client might never be able to enjoy its innovator status due to the dynamic nature of the industry and the rapid pace of medical advances.

Practices