Frontier has extensive experience in valuing damages in such disputes before the courts.  Here is how we had an impact in several real situations in the pharmaceutical sector.

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Assessment of damages

When IP rights are in dispute, parties may take court action to recover damages. Being able to accurately quantify such damages is critical to the success of court action. The success or failure of court actions can have significant ramifications for the business or product.

Frontier has extensive experience in valuing damages in such disputes before the courts.  Here is how we had an impact in several real situations in the pharmaceutical sector.

Frontier was asked for advice in a dispute in Canada between Les Laboratories Servier and Apotex. Servier applied to the Federal Court of Canada for an interim injunction to prevent the export of generic perindopril to Australia. Servier argued that the injunction was needed because the damage caused by the wrongful export of the generic product could not be quantified. Frontier was retained by Apotex. The Court refused to grant the injunction.

Since that time, Frontier has been retained by Australian generic drug producers to give advice on the damages that they might have suffered as a result of being barred by court injunction from releasing their products.

Novartis launched Lucentis (a drug for macular degeneration) in 2007. Bayer launched Eylea (a drug for the same condition) in 2012. Eylea quickly captured 50% of the market. Novartis issued proceedings against Bayer alleging the rapid growth of market share was due to false and misleading promotion by Bayer. In 2014, Frontier was retained by lawyers for Bayer to assess the claim for damages by Lucentis.

See Competition – Estimation and claims for damages for further information on valuing damages.

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