Commercial Success of ADHD Drug
This project was completed by Intensity. Intensity joined Secretariat on February 1, 2023.
Background
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.
Our Analysis
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.
Latest Insights
News | July 28, 2025
Secretariat Experts Lead the Field in Lexology’s 2025 Thought Leaders – Arbitration Report
Secretariat has earned the top position in the Lexology Index Thought Leaders – Arbitration 2025 report, with the most experts listed in the rankings, and highest number of Global Elite Thought Leaders. The Lexology Index Thought Leaders – Arbitration report is a highly respected publication that spotlights the world’s foremost arbitrators, legal counsel, and […]
News | July 28, 2025
Expert Economic Testimony Plays Crucial Role in Puerto Rico Healthcare Antitrust Case
Director Jason Albert provided pivotal testimony in Roberto Vázquez-Ramos, et al. v. Triple-S Salud, et al., which examined allegations of unfair competition and monopolistic practices involving exclusive provider arrangements under Puerto Rico’s government health plan. In May 2019, the Plaintiffs—a group of urologists in Puerto Rico’s Western Region—alleged that Triple-S Salud (“Triple-S”), the region’s government […]
Article | July 18, 2025
Navigating ECCTA: A Guide for Organizations
Ben Boorer, writing for Enterprise Times, discusses the Economic Crime and Corporate Transparency Act (ECCTA), which comes into force on 1st September 2025. ECCTA will reshape the UK’s compliance landscape by, amongst other things, holding organisations accountable for fraud committed by employees, agents, and subsidiaries.
See All Insights
Talk to Our Insightful Experts