Biosimilar producer patent infringement suit

On behalf of a leading biosimilar producer, Brattle worked on a patent infringement suit initiated by the producer of the reference biologic. Brattle’s team prepared an expert report that assessed the plaintiff’s damages arising from the alleged infringement of six patents and rebutted damages analyses proffered by the plaintiff’s economic experts. For each of the six patents, our damages analyses quantified the biosimilar producer’s incremental benefits from licensing the patent and the plaintiffs’ opportunity costs from granting the license. We also analyzed comparable agreements and apportionment criteria. The parties settled shortly after Brattle submitted its report.