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Re: rafunrafun post# 326552

Wednesday, 02/24/2021 11:32:44 AM

Wednesday, February 24, 2021 11:32:44 AM

Post# of 425939
r-

Gun (or car) manufacturers argument is not the same. Less than .001% of guns (or cars) sold will result in murders. ... But the majority of gV will be sold for patented indication.

The quantity / volume does not matter for inducement determination. Hikma could be liable for inducement with 1 script / year and is not with 1.000.000 / week.

Inducement will be determined based on the label and circumstantial evidences (e.g. PR, promo material, etc ... but volume does not fall within this - or any - category).

Volume will be relevant, if the court will determine Hikma's liability. The penalty will be calculated based on the volume of sold gV.
Like in case of Teva vs GSK. The 200+M was calculated as:
- volume sold by Teva multiplied by GSK price (or price - COGS ?)
plus
- x% royalty of Teva revenue

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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