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Du also explicitly ruled that generics would infringe

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sts66   Friday, 10/23/20 04:42:09 PM
Re: ziploc_1 post# 306588
Post # of 357055 
Du also explicitly ruled that generics would infringe on MARINE patents but then said it didn't matter because the patents were obvious and invalid:

Quote:
Though the Court agrees with Defendants’ view of the induced infringement legal
standard, it disagrees with Defendants’ application of it. (ECF No. 378 at 12-19 (arguing
against Plaintiffs’ induced infringement theory).) To the contrary, the Court finds Plaintiffs
carried their burden at Trial to show Defendants’ proposed labels 17 will induce infringement
of the Asserted Claims.

The focal point of the Court’s decision is the Clinical Studies section of the labelling
because it provides the only explicit text that addresses each and every disputed element
of the Asserted Claims. As Defendants point out, the Court found in ruling on the parties’
motions for summary judgment that there was nothing in the labelling that explicitly told
doctors to prescribe the drugs in an infringing way. (ECF No. 373 at 142.) But the Court
finds—after receiving the benefit of the testimony and evidence presented at Trial—that
the Clinical Studies section of the labelling recommends or encourages doctors to
prescribe the applicable drug in a way that would, on average, infringe the Asserted Claims.

18 Finding otherwise would essentially require finding that doctors would not read
the Clinical Studies section of Defendants’ proposed labels. Such a finding would be
contrary to medical practice, and contrary to the evidence presented at Trial. Moreover,
there is explicit textual support for Plaintiffs’ inducement theory in the Clinical Studies
section of the labelling for all Asserted Claims—that a doctor would understand to suggest
she should prescribe the drugs in an infringing way.

First, the evidence at Trial showed that, based on the proposed labelling,
Defendants’ ANDA Products will be prescribed for more than 12 weeks a sufficient
percentage of the time for the Court to conclude Defendants will induce infringement of
this claim limitation common to all Asserted Claims.



The Thought Police: To censor and protect. Craig Bruce
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