Disputes over intellectual property rights are on the rise in the health care sector, from patent, copyright, or trademark infringement to misappropriation of trade secrets and unfair competition. For example:
- Medical devices – consolidation and the emergence of valuable new technologies are spurring litigation
- Biotechnology – advances made years ago have become the subject of current litigation, as patents once thought to have had little value generate successful new products. And the financial promise of tools such as screening and testing devices has prompted licensing and “reach-through” royalty disputes
- Brand v. generic drugs – impending patent expiration can often involve Hatch Waxman disputes over generic entry and patent validity issue
Reverse Payment Settlements
Several Analysis Group antitrust experts filed an amicus curiae brief in Federal Trade Commission v. Actavis Inc. et al. The economic evidence does not support FTC’s effort “to impose a standard of presumptive illegality on certain forms of patent settlements,” they say.
We have extensive experience in analyzing such issues as lost profits, reasonable royalty, irreparable harm, and commercial success in the context of intellectual property matters.
We have used biostatistics to determine the legitimacy of intellectual property claims, based on the relative efficacy, effectiveness, and side effects associated with various drugs or medical devices.
SPOTLIGHT ON AN EXPERT
Managing Principal John Jarosz
has provided expert testimony in numerous cases involving intellectual property issues in the pharmaceutical and medical device industries, including Ortho-McNeil v. Mylan.