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Saturday, September 12, 2020 5:47:50 PM
PLEASE leave legal issues to lawyers, you are again misleading the board and cluttering the board
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)
(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.'"
since generics (Hikma) made statements about billions in revenue if they won the patent case
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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