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Re: Dancing in the dark post# 306540

Thursday, 10/22/2020 1:46:00 PM

Thursday, October 22, 2020 1:46:00 PM

Post# of 423442
D-

So manufacturing of generic icosapent ethyl is not "specific action" but encapsulation, packaging and importation then ultimately consumption by patients with the reduce-it indication, is? Or is not?

If jointly the generic icosapent ethyl manufacturers produce more generic icosapent ethyl than is required to treat patients with triglycerides >500, the excess production is intended for sale to patients with the reduce-it indication.

None of them are a "specific action". These are "part of" the contributory infringement.

The specific action (label, promotional material, instruction, etc.) is something that directly (could / might) lead the physicians / patents to infringe the patent.

To make the product available but did not encourage, promote, etc. the patented use by any method / action: no inducement exist. Contributory infringement could exist (if no substantial non-infringing use).

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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