The parties entered into a written settlement agreement related to patent infringement litigation over a generic to the brand-name medication Plavix, a blood thinner. Certain aspects of the settlement were subject to regulatory approval. Apotex alleged that the defendants made false statements to various regulators which prevented the approval of the contract and delayed the entry of Apotex’s generic Plavix.
Econ One was retained by counsel for Apotex. Jeffrey Leitzinger calculated Apotex’s lost profits as a result of its delayed entry into the market. Dr. Leitzinger provided testimony both at deposition and at trial regarding Apotex’s lost profits.