Our client, a Nordic life science company, was granted a patent for an innovative medical device. The company sold the rights to commercialise the patented product to a third party and was to receive royalties once the product was launched. However, the product was never launched, resulting in the company seeking compensation.
We conducted an independent economic analysis to determine the range of damages based on the royalties we expected the client to have received had the patented product been launched on the market. We estimated the range of damages through a discounted cash flow model, based on an assessment of the market potential of the product. This included identifying the target market, assessing demand drivers, and conducting price benchmarks.
We supplied the client with an expert report and provided expert testimony in court. In addition, we reviewed and rebutted the opponent’s economic analysis.
The court took our analysis into consideration when making its decision and the client was awarded damages for the lost profits it did not receive due to the product not being launched.
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