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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 | |
---|---|---|---|---|
Dr. Christine Siegwarth Meyer |
Senior Managing Director
Chair of NERA's Intellectual Property Practice |
White Plains, NY | +1 914 448 4119 | christine.meyer@nera.com |
Dr. Ramsey Shehadeh | Senior Managing Director | Washington, DC | +1 212 345 6089 | ramsey.shehadeh@nera.com |
Dr. David Blackburn | Managing Director | Washington, DC | +1 202 466 9264 | david.blackburn@nera.com |
Bryan Ray | 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 3769 1096 |
mark.berenblut.affiliate@nera.com |
Title | Date | |||
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INTA 2022 Annual Meeting Live+ | 30 April 2022 | |||
NYC Bar Antitrust & Trade Regulation Committee Meeting | 13 April 2022 | |||
Developments in Pharma Antitrust: Evolution or Revolution? | 24 January 2022 | |||
AIPLA Trade Secret Summit | 09 November 2021 | |||
NABE Tech Economics Conference | 08 November 2021 | |||
Surveys and Other Persuasive Evidence in ITC Proceedings | 12 October 2021 | |||
Claim Substantiation and Advertising Perception Surveys | 07 October 2021 | |||
Pocket MBA 2021: Finance for Lawyers | 28 September 2021 | |||
“Booking” a Domain Name: Surveys, Genericism in Trademarks, and the USPTO | 28 September 2021 | |||
NERA Insights Webinar | Pay What? Arbitrating Disputes in Pharmaceutical Contracts | 27 July 2021 | |||
Title | Date | Type | ||
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NERA Economic Consulting Announces Senior-Level Promotions | 28 July 2022 | Press Release | ||
NERA Experts Promoted to Associate Director, Senior Consultant, and Consultant | 23 March 2022 | Press Release | ||
NERA Experts Promoted to Managing Director and Director | 15 February 2022 | Press Release | ||
NERA Expert Named in CPA Practice Advisor’s “40 Under 40” | 22 October 2021 | Press Release | ||
NERA Experts Recognized in Who’s Who Legal: Commercial Litigation 2021 | 01 July 2021 | Press Release | ||
NERA Experts Recognized in Who’s Who Legal 2021 | 01 June 2021 | Press Release | ||
NERA Economic Consulting Announces Senior-Level Promotions | 23 February 2021 | Press Release | ||
Steadfast in Uncertain Times: How NERA Is Responding | 16 April 2020 | Press Release | ||
Ten NERA Experts Included in Who’s Who Legal Arbitration 2020 | 17 December 2019 | Press Release | ||
Valuation Expert Kristopher Boushie Rejoins NERA’s Intellectual Property Practice | 12 December 2019 | Press Release | ||