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Re: rafunrafun post# 241409

Wednesday, 01/15/2020 7:12:06 PM

Wednesday, January 15, 2020 7:12:06 PM

Post# of 429054
RAF

I think the question on infringement will ultimately be not whether all docs would prescribe for 12+ weeks based on the label as a whole, but rather whether a significant number of docs reading the label as a whole would do so. I have not seen any authority supporting that the patent holder has to show that all docs reading the label would be induced to prescribe in an infringing manner.

There seems to be plenty of evidence to show many docs would be induced to infringe.

Agree?

If I’m right, infringement is a done deal.

A
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