Amarin Corp Plc (AMRN)

[iryokabu]

HDG,

Can you tell me why the court bothered to mention the percentage of infringing use (2.1%) and non-infringing use (97.9%) in Warner-Lambert Co. v. Apotex Corp., 316 F.3d 1348, 1365 Fed.Cir.2003?

"Even if Warner-Lambert's estimate that 2.1% represents $50 million is correct, it is an inescapable fact that the remaining 97.9% still represents more than 46 times that amount. Especially 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. Where there are many uses for a product, as the record reflects to be true of gabapentin, and fewer than 1 in 46 sales of that product are for infringing uses, we are not in a position to infer or not infer intent on the part of Apotex without any direct evidence."


Do you know any case where significant non-infringing use exists when the percentage of infringing use is significantly higher than one of non-infringing use?

Is it "unusual" that such a high amount of GV is prescribed? I understand that Marine indication itself is not "unusual", but the amount of prescription could be "unusual".