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Re: sts66 post# 306324

Wednesday, 10/21/2020 2:30:24 PM

Wednesday, October 21, 2020 2:30:24 PM

Post# of 423923
Sts You are not wrong. The State laws cause the infringment to occur. In most situations the generic products only enter the market, after the patents that protect the broader market for the labeled drug have expired. That is not that case with vascepa. If generic companies market gv in a state that requires the substitution, how can they argue that infringment is not the intent. In those States the outcome of infringment is not a possibility. It is not something that may happen. Infringement is the only result. The glaxo case said that knowledge of infringment is enough to show intent, hence inducement of. Generic companies can't role out a state by state launch. No matter how they label their product intent should be obvious.(even to a US judge) When they launch I think we will file suit.
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