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Re: HinduKush post# 306605

Thursday, 10/22/2020 10:15:01 PM

Thursday, October 22, 2020 10:15:01 PM

Post# of 426561
H-

1.) Yes
2.) Yes
3.) Yes ... with a small correction(s)

starts to promote or can be shown to aid and actively abet the use for the patented indication (as TEVA did in the case of the heart failure carve out of GSK's carvedilol--even though it was forced upon them by the FDA)

FDA forced the label update only, the "promotional materials, press releases, product catalogs" was TEVA's responsibility only.

This leaves us with the de facto contributory infringement

Unless I misunderstood something, nope ...

Since a substantial non-infringing use exists ... "substantial non infringing use ALWAYS guarantees protection from contributory infringement".

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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