Commercial Success

Our in-house and affiliated experts are skilled at defining absolute and relative marketplace success in many industries. For example, we assist our health care clients with commercial success analyses of a wide variety of pharmaceutical and biosimilar products and medical devices, including treatments for neurological, oncological, hematological, psychological, gastrointestinal, and cardiovascular conditions. We also assist technology clients with commercial success analyses relating to components of devices such as semiconductors, electronic data storage drives, and smartphones, among others.

Working closely with technical and industry experts, we also identify the degree to which the attributes of the IP at issue can be translated into marketplace benefits and advantages. Our economic testimony is particularly useful in determining whether technical features or advantages result in attributes (such as ease of use, utility, efficacy, or safety) that influence purchase decisions.

We have worked with legal counsel and their clients in cases that have been heard in district court, in PTAB inter partes review, and by the International Trade Commission (ITC).

How We Serve Clients:

  • Examining financial and economic data such as shipment and sales trends, market shares, revenues, profits, prescriptions written, and market entry
  • Establishing a relevant set of competing products by evaluating business and strategic plans, external marketing and promotional materials, and the timing of a product’s entry into a market
  • Assessing whether an invention’s features or advantages made significant contributions toward increased sales, higher prices, or lower costs for other products that have embodied patented technologies

How We Serve Clients