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Re: CaptBeer post# 312074

Saturday, 11/28/2020 8:26:48 PM

Saturday, November 28, 2020 8:26:48 PM

Post# of 426508
C-

Does this mean that a new GV prescription is OK, but Refills are Induced Infringement (by label)??

I do not think ... as:

(i) both of them - new and refill - induce infringement (by label) of MARINE patents ... but it does not matter as patents are invalid

(ii) none of them - new and refill - induce infringement of R-IT patents*. Not by the label, not by anything else.

Please note: inducement should be done by the generic itself (by label, by promotional material by anything else) ... 3rd party action (e.g FDA Orange Book / AB rating) does not matter

* Indication and patent are not interchangeable (most of the time are not the same exactly ... see MARINE indication vs MARINE patents) ... and the patent could be infringed only (It is not specifically to you but I read a "lot" of post about "infringement of R-IT indication"

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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