Courts are applying heightened scrutiny to damages theories in pharmaceutical and biotech patent disputes, requiring closer alignment with regulatory realities, real-world market behaviour, and contemporaneous internal documents. This session explores how in-house teams and litigators are adjusting damages strategy in light of changing acceptance around lost-profits and reasonable-royalty analysis.
- How to prove but-for causation where launch timing, labelling, or market access is uncertain (Amarin v. Hikma, 2024; Jazz v. Avadel, 2023-2024).
- When to rely on internal forecasts and marketing records to test expert damages opinions (GSK v. Teva, 2021; Acorda v. Roxane, 2019).
- Using damages analysis to guide settlement strategy and risk communication.
Damon Gupta
Damon Gupta is a Director, Patent Counsel at Spark Therapeutics, Inc., a leader in gene therapy and member of the Roche Group. With over a decade of experience in intellectual property (IP) law and a background in molecular biology, Damon advises biotechnology and pharmaceutical companies on patent strategy, IP transactions, and risk mitigation. At Spark, Damon leads efforts to protect proprietary assets, including trade secrets, manage IP disputes, and provides IP support to cross-functional teams, including R&D, manufacturing, and corporate transactions. Damon holds a J.D. from Chicago-Kent College of Law, an M.S. from Baylor College of Medicine, and a B.S. from The Ohio State University.