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Re: eightisenough post# 298276

Saturday, 09/12/2020 5:47:50 PM

Saturday, September 12, 2020 5:47:50 PM

Post# of 426721

PLEASE leave legal issues to lawyers, you are again misleading the board and cluttering the board

Do you really think lawyers could read / understand the law only? Are lawyers correct always? ... SMH

So when court says: Apotex is correct that "where a product has substantial noninfringing uses, intent to induce infringement cannot be inferred even when the [alleged inducer] has actual knowledge that some users of its product may be infringing the patent."

That is the LAW! In our case over 500 trig population is insignificant compared to the reduce it indication population and revenue (even if you claim amrn reported nice revenue for marine it will fail in comparison to future reduce it)

You are wrong:
(i) Meanwhile substantial noninfringing uses could be enough to avoid inducement, non-substantial noninfringing uses does no mean that inducement exist ... the accused infringer, must encourage, recommend or promote infringement
(ii) Treat over 500 trig population for less than 12 weeks is app. 5% of the total MARINE treatment ... it was enough to determine that substantial noninfringing uses exit, contributory infringement claim was denied. The MARINE population is substantial and a noninfringing use (re. R-IT patents)

Even active inducement can be proven from their statements and projections when discovery is done: Again CASELAW:

However, "liability for active inducement may be found `where evidence goes beyond a product's characteristics or the knowledge that it may be put to infringing uses, and shows statements or actions directed to promoting infringement.'"

MARINE label does not encourage, recommend or promote the R-IT indication, no inducement exist based on the label. There are always circumstances where a generic could be liable for induced infringement of a patent covering an off-label indication. But that typically requires conduct outside of the label, such as active promotion by Hikma or Dr. Reddy’s of the cardiovascular effects of generic Vascepa. But they are unlikely to do that ..., they did not do it YTD.

since generics (Hikma) made statements about billions in revenue if they won the patent case

Why are you post false information? They did not made statements anything like this ...

Induced infringement is a nonexisting case--got it?

Disclosure: I wrote this post myself, and it expresses my own opinions (IMHO). I am not receiving compensation for it.

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