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Re: Number sleven post# 305440

Thursday, 10/15/2020 10:12:56 PM

Thursday, October 15, 2020 10:12:56 PM

Post# of 426269
N-

If the generic companies market their product in a state, that by law, requires a generic substitution there should be no debate as to intent.

Warner-Lambert Co. v. Apotex Corp.

(3) "pharmacists and other drug dispensing organizations . . . commonly substitute generic drugs for name brand drugs wherever possible — unless specifically instructed otherwise by the physician writing the prescription," and, "in many states, substitution is mandatory,"

Whether or not these statements are true, and for the purposes of deciding whether or not summary judgment was proper we must assume they are, we have already observed that precedent holds that mere knowledge of possible infringement by others does not amount to inducement; specific intent and action to induce infringement must be proven.

The mere knowledge of direct infringement by others (state) does not amount to inducement (by generic).

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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