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Re: north40000 post# 222225

Friday, 11/01/2019 12:54:30 PM

Friday, November 01, 2019 12:54:30 PM

Post# of 426487
The discussion started in connection with trying to think through how much merit is in the generics' argument that they aren't inducing infringement because they aren't encouraging use for 12+ weeks.

It makes sense to me that, because CVD is unquestionably a chronic condition, then a label indicating treatment of CVD would implicitly be encouraging use for 12+ weeks.

Your question ("Is not the treatment of a hypertriglyceride indication always a subset of treatment of any CVD indication?") is a good one I don't know the answer to. If yes, that would be a good fact for AMRN. But doesn't the fact that AMRN's expert admitted to prescribing V for <12 weeks 5% of the time (which led to the finding of no contributory) suggest otherwise in at least some cases?
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