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Re: iryokabu post# 305174

Thursday, 10/15/2020 5:24:40 PM

Thursday, October 15, 2020 5:24:40 PM

Post# of 424010
If I'm reading that right it's not good news for us - the court knew 97% of Apotex sales were likely for an infringing use, but w/o direct evidence of inducement to infringe they could not prove Apotex was infringing. So if GV sales are > 10% of total sales it doesn't matter, means nothing to the court. This is the damning statement IMO - even if Hikma knows they are capturing part of the R-IT market they're not guilty according to this ruling:

where a product has substantial noninfringing uses, intent to induce infringement cannot be inferred even when the defendant has actual knowledge that some users of its product may be infringing the patent.


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