Federal Circuit Weighs Use of EMVR in Pharmaceutical Case

Business Valuation UpdateVol. 21 No. 6
Legal and Court Case Update
June 2015

Access the Full Article

This article is available with a subscription to any of these products:
It is also available in this product:
Already a subscriber or product owner?  Login
This article is also available for purchase. (1,788 words)   Add to Cart >>
Need help? Contact us:
1-503-479-8200 ext 2 or sales@bvresources.com
2834 Pharmaceutical Preparations
325412 Pharmaceutical Preparation Manufacturing
intellectual property
damages, lost profits, patent infringement, georgia-pacific, pharmaceutical, reasonable royalty, apportionment, entire market value rule (EMVR), non-infringing alternative, license agreement
AstraZeneca AB v. Apotex Corp.
782 F.3d 1324 (Fed. Cir. 2015)
April 7, 2015
US
Federal Court
Federal Circuit
United States Court of Appeals
unknown (plaintiff); unknown (defendant)
Bryson

Summary

Federal Circuit affirms award of 50% of gross margin, finding that, even though the entire market value rule is not per se inapplicable in the pharmaceutical context, it does not apply in this case because patents cover the entire infringing product.

See Also

AstraZeneca AB v. Apotex Corp.

Full Text of Court Cases
April 7, 2015

Federal Circuit affirms award of 50% of gross margin, finding that, even though the entire market value rule is not per se inapplicable in the pharmaceutical context, it does not apply in this case because patents cover the entire infringing product.

This article also appears in:
Business Valuation UpdateVol. 21 No. 6
The Comprehensive Guide to Economic Damages, Seventh Edition