1Overview
Dr. DeForest McDuff was retained to provide a rebuttal opinion on damages from alleged misappropriation of Lupin’s trade secrets relating to generic drug development. Dr. McDuff and his team were also asked to submit a declaration on issues of irreparable harm in support of Transpire’s request for a preliminary injunction on a counterclaim for misappropriation of its own trade secrets.
2The Challenge
Multiple damages theories across several generic drugs
Trade secrets cases often involve claims of multiple types of damages, including lost profits, competitive head start, saved development costs, and reasonable royalty. The plaintiff’s expert in this case advance multiple damages theories applicable to alleged trade secrets related to several generic drugs, requiring extensive and complex economic analysis.
3The Outcome
A settlement reached shortly after the filings
Dr. McDuff and his team provided a thorough analysis and critique of plaintiffs’ damages theories as well as an alternative analysis in the event the jury found any damages appropriate. The team also produced, on an accelerated schedule, a declaration evaluating issues of irreparable harm likely to result from misappropriation of a new market entrant’s trade secrets and related issues of balance of hardships and public interest. The case settled shortly thereafter.
Case Experts
