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Re: eightisenough post# 304582

Monday, 10/12/2020 2:04:24 PM

Monday, October 12, 2020 2:04:24 PM

Post# of 426315

if no substantial non infringement use- no use is allowed AT ALL!

Do you say: If an approved, skinny / carve-out label generic (that is legally perfect ... no promotion, marketing, no direct or indirect activity, etc. for a carved-out indication) use is not substantial than induced infringement exists?

Based on the cited case law, which say that if generic has substantial non-infringing uses, intent to induce infringement cannot be inferred ...

Interesting ... the cited case law guides the existing substantial non-infringing uses / infringement case but do not say anything about no substantial non-infringing uses / infringement.

If I have a proven alibi I could not be guilty ... but if I do not have, it does not mean I am guilty ...

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

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