Expert Witness Support in Biopharmaceutical Licensing Arbitration

Challenge:

An international law firm required expert witness services for a partnering agreement dispute between two biotech companies. The case had entered litigation with the central issue being the quantum of damages should the court find that a contractual breach had occurred. The law firm needed a consultant with the requisite scientific background and drug development expertise who could collaborate effectively with their legal team throughout the litigation process.

Solution:

Alacrita identified an expert from our network with more than 30 years of experience in the relevant technology domain. This consultant brought expertise in the specific stage of development of the assets in question, having previously led programs through similar development phases, as well as practical knowledge of industry practices for developing, licensing, and commercializing this particular type of product.

The expert's engagement included:

• Industry Analysis: Evaluated the agreement's terms, structure, and operational framework within the context of biopharmaceutical partnerships
• Technical Assessment: Conducted evaluation of materials related to the partnering agreement, drawing on direct experience with similar development programs
• Collaboration: Participated in weekly conferences with the legal team throughout the litigation
• Expert Reports: Prepared expert reports providing industry perspective on agreement valuation and implementation standards
• Testimony: Presented technical analysis and industry benchmarks at the arbitration hearing

The expert provided analysis and testimony on industry partnership practices and agreement valuation methodologies. The tribunal ultimately determined that no damages were payable for breach.