Intensity provided economic analysis pertaining to whether an alleged trade secret has independent economic value. The alleged trade secret relates to a particular strain of the Clostridium botulinum bacterium, whose neurotoxin has applications in medical and cosmetic treatments for certain conditions.
Intensity performed its analysis on behalf of a company that provides medical products for use in aesthetic indications. The company was accused of unlawful importation of certain products claimed to use the alleged bacterial strain trade secret. Intensity researched the history of commercial organizations having access to the type of strain asserted and the barriers to entry for potential entrants into the botulinum neurotoxin marketplace as they relate to acquisition of a commercially viable neurotoxin supply. As part of a market approach, Intensity’s research informed its economic analysis, which included a thorough evaluation of the botulinum neurotoxin marketplace to assess the commercial availability of the particular type of strain claimed to be a trade secret, the availability of alternative bacterial strains suitable for commercialization, and the supply of botulinum neurotoxin by commercial laboratories. In addition, Intensity evaluated the extent to which economic evidence supported value attributable to genetic differences between the asserted bacterial strain and publicly known and/or commercially available strains.
Intensity’s analysis was presented at an International Trade Commission evidentiary hearing.