This project was completed by Intensity. Intensity joined Secretariat on February 1, 2023.
A number of generic drug companies sought FDA approval to market generic versions of a branded ADHD drug prior to the expiration of patents covering the branded drug. The generic drug companies filed Abbreviated New Drug Applications and Paragraph IV certifications asserting that patents covering the branded drug were invalid or not infringed. In response, the branded drug company filed claims of patent infringement against the generic drug companies.
Intensity provided an expert report, deposition testimony, and trial testimony relating to an evaluation of the commercial success of patents covering the branded drug. As part of addressing patent validity, the court considered the testimony of a Intensity expert on whether the patented invention had been a commercial success.
Intensity analyzed economic issues involving market definition, commercial performance, and long-felt need in the marketplace. Intensity performed economic analysis to evaluate sales and market share of the branded drug among competing drugs in the marketplace. In addition, we organized and processed complex data and presented its findings from the data analysis at trial.
Intensity analyzed a number of economic issues to inform on whether commercial performance of the branded drug was driven by the patents-in-suit or other economic factors. These issues included pricing, discounting, profitability, marketing, and other potential drivers of sales. Intensity also evaluated the economic impact of marketing materials that FDA had found to be false and misleading to consumers.
Business Interruption Claims Arising from the Middle East Conflict
The current conflict in the Middle East has been as disruptive commercially as it has been geopolitically. Many businesses operating in the region are suffering from a combination of sharp demand declines, blocked routes to market, surging input costs, and physical damage to assets.
Competition and Market Structure of the U.S. Cannabis Industry
Although the FTC and DOJ retain jurisdiction to apply federal competition law, the continued federal illegality of cannabis under the Controlled Substances Act has created institutional uncertainty regarding the scope and propriety of federal engagement. In practice, most competition disputes in the sector have been addressed by state attorneys general and private litigants.
Secretariat Earns No. 1 Rank in the GAR Power Index for Third Consecutive Year
For the third consecutive year, Secretariat has been ranked No. 1 in the Global Arbitration Review (GAR) Expert Witness Firms’ Power Index 2026, unveiled March 26 at the GAR Awards during Paris Arbitration Week. For the third consecutive year, Secretariat has been ranked No. 1 in the Global Arbitration Review (GAR) Expert Witness Firms’ Power Index 2026, unveiled March 26 at the GAR Awards during Paris Arbitration Week.