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Re: Cardiologymd post# 298951

Monday, 09/14/2020 7:01:33 PM

Monday, September 14, 2020 7:01:33 PM

Post# of 426315
C-

You will not find it anywhere ... this "magical" 5% threshold does not exist ... for this aspect, for inducement.

It is relevant for contributory infringement. Generics commit contributory infringement IF the generic only reasonable use is an infringing use ... only use it for R-IT indication.

But it is not the case here, the generics could be used for MARINE indication also ... and this use is substantial, is not not unusual, far-fetched, illusory, impractical, occasional, aberrant, or experimental.

[In the MARINE patents case] the contributory infringement claim was denied because a substantial use (app. 5%) was treatment for LESS than 12 weeks ... for an "unpatented", non-infringing use.

Best,
G


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

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