Independent Industry Expert Witness

Pharmaceutical litigation, Licensing disputes, Lost revenues, Damages determination, Reasonable efforts

Pharmaceutical & Biotech litigation
Expert Witness

Legal disputes and claims in the pharmaceutical industry are common. Our expertise is particularly strong in licensing agreements whereby cases involve claims, lost revenues and damages. We can act as an independent industry expert in helping to determine lost revenues and damages, the parties’ responsibilities and the exercise of “reasonable efforts”. A licensing agreement typically has substantial monetary value and the parties enter into the agreement based on certain expectations which sometimes are not met, giving rise to various disputes.

Expert Witness

Licensing disputes

A licensing agreement is typically structured around a development plan and may include cost and profit sharing, regulatory responsibilities, Intellectual Property ownership/management, economic opportunities, governance and exit provisions. Due to the complicated nature of such agreements, when things do not work our as originally anticipated, the parties make claims against one another and these often need independent input, such as the one we provide.

Licensing dispute resolution

Independent Expert

We can act as industry experts when required to provide support and input in cases where disagreements, disputes and claims arise in collaborations. We can also act as independent experts in cases of mediation and arbitration where the parties require dispute resolution. We can assess the diligence obligations and provide expert opinion on “industry standards”, estimate potential losses and advise on settlements.

Independent Expert Witness Pharmaceutical Biotech

Lost revenues and Damages determination

Collaborations in the pharma and biotech industry involve licensing the rights to Intellectual Property in return for payments such as milestone payments, royalties on sales, profit sharing and other. If these payments are delayed or the amounts are not as expected, potential clams arise on lost revenues which can run into hundreds of millions. We help to estimate such losses and provide expert opinions on the potential default and breaches as the case may be.

Lost revenues and Damages determination

Reasonable efforts and Diligence obligations

Every collaboration agreement includes diligence obligations on the parties. Typically, the licensor undertakes to use “Reasonable Efforts” or “Commercially Reasonable Efforts” in developing and commercialising. If such efforts are allegedly not met, this can give rise to claims on behalf of the licensee. We can assist in determining whether, based on industry standards, the diligence obligations were reasonably met.

Reasonable efforts and Diligence obligations

Pharma & Biotech Expert Witness Service

Providing support in legal cases of mediation, arbitration, licensing disputes, opinions and reports, estimating potential damages, loss of revenues, exercise of reasonable efforts and diligence based on pharmaceutical industry standards

Industry Expert Support in Legal Cases

Life Sciences Disputes are some of the most common. According to the World Intellectual Property Organization Center, fifteen per cent of arbitration and mediation cases are in the life sciences sector and involve international cases on patents, designs, trademarks, know-how or licensing. When industry alliances are entered into, the intention is to have a successful partnership, but sometimes circumstances result in breaches or expectations not being met, giving rise to disputes between the parties. As the industry involves complex processes, industry experts can be engaged to provide support, advice and opinions both in litigation as well during Alternative Dispute Resolution (ADR) procedures.

Pharmaceutical Industry Expert litigation disputes licensing