Intellectual Property

Commercial Success

Commercial Success

A firm that is (or expects to be) accused of infringing a patent typically claims the patent is invalid. One legal test for showing invalidity is to demonstrate that the patent claims are "obvious." One legal test for determining obviousness is to consider whether the patented products embodying the patented technology have been commercially successful. The logic is as follows: if the patent was obvious, then someone would already have introduced products to the market with those (or substantially similar) features, thereby causing the patented products to not be successful. Conversely, if one finds that the product is successful, and that that success flows directly from the patented features, then the invention may be presumed to not have been obvious and, therefore, to be valid. In that connection, NERA experts are often asked to evaluate the commercial success of patented products (most often, pharmaceutical products).

Name Title Location Phone Email
Dr. Sumanth Addanki Managing Director White Plains, NY +1 914 448 4060 sumanth.addanki@nera.com
Dr. Anne Gron Managing Director Chicago +1 312 573 2850 anne.gron@nera.com
Dr. Christine Siegwarth Meyer Managing Director White Plains, NY +1 914 448 4119 christine.meyer@nera.com
Dr. Ramsey Shehadeh Managing Director New York City +1 212 345 6089 ramsey.shehadeh@nera.com
Dr. David Blackburn Director Washington, DC +1 202 466 9264 david.blackburn@nera.com
Bryan Ray Associate Director White Plains, NY +1 914 448 4004 bryan.ray@nera.com
Mark L. Berenblut Affiliated Consultant Toronto
New York City
London
+1 416 868 7311
+1 917 475 0020
+44 20 7659 8644
mark.berenblut.affiliate@nera.com
Linda McLaughlin Affiliated Consultant New York City +1 212 345 5340 linda.mclaughlin.affiliate@nera.com
Title Type Author
The Limited Role of Analytical Approach to Reasonable Royalty Published Article Dr. Alan Cox