Economic Issues in Vaccine Litigation

12 October 2020
Capabilities and Services

Unlike traditional pharmaceuticals, which are synthesized chemicals, vaccines are biologics, which are manufactured, extracted, or semi-synthesized from biological sources. This distinction has legal and economic implications because biologics often face different market pressures from competition, are generally covered by a larger number of patents, and face unique production challenges, all of which can impact litigation, particularly fact and expert discovery.

A wide variety of litigation may focus on vaccines and vaccine-related intellectual property, including questions of competition, patent infringement and trade secrets, government sourcing, valuation and pricing, and insurance coverage. NERA Economic Consulting has significant relevant expertise in each of these.

This At A Glance describes NERA’s expertise and highlights a number of cases in matters involving vaccine litigation.