AstraZeneca And Damages In 'At-Risk' Generic Drug Launches
Law360, New York ( April 28, 2015, 10:53 AM EDT) -- An "at-risk" generic drug launch occurs when a company launches a generic pharmaceutical product into the marketplace while patent litigation is still ongoing. These situations can be highly complex from a damages perspective, for example, if several generic entrants have individual and unique influences on sales and prices in the marketplace. Our experiences serving as economic experts in at-risk launch litigations have revealed the importance of applying sound economic principles to the specific facts and economic circumstances of each case. The Federal Circuit's opinion in AstraZeneca AB v. Apotex Corp., issued on April 7, 2015, confirms that sound economic principles and case-specific facts are the foundation for a reliable analysis of damages in the context of at-risk generic drug launches, and provides insight on key issues in patent damages in a pharmaceutical context....
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