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Commercial success and patent validity

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Our experts have significant experience analyzing commercial success in the context of inter partes review (IPR) challenges and patent litigation. We conduct empirical analysis and market research concerning product differentiation, incremental sales, customer benefits, and other measures of a product’s success. Our experience also includes expert testimony regarding validity of patents in the financial services and healthcare industries.

Selected Work

  • In Purdue Pharma L.P. v. Watson Laboratories, Inc., served as a testifying expert on commercial success on behalf of plaintiff Purdue alleging patent infringement in connection with certain generic drug manufacturers’ ANDAs concerning generic versions of Purdue’s Butrans® transdermal opioid pain medication.
  • Provided declaration and deposition testimony in Purdue Pharma L.P. v. Depomed, Inc. on commercial success as an objective indicator of patent non-obviousness on behalf of Petitioner Purdue’s Inter Partes Review challenge to the validity of certain Depomed patents.
  • In Janssen Products, L.P. v. Lupin Limited, served as a testifying expert regarding commercial success as a secondary consideration of patent nonobviousness on behalf of plaintiff Janssen alleging patent infringement in connection with certain generic drug manufacturers’ Paragraph IV Abbreviated New Drug Applications (ANDAs) concerning generic versions of Janssen’s PREZISTA® HIV treatment prescription drug.
  • In First American CoreLogic, Inc. v. Fiserv, Inc., submitted expert reports and testified in federal court on behalf of a group of defendants regarding a patent for estimating residential property values.
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