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Re: HDGabor post# 326555

Wednesday, 02/24/2021 11:40:30 AM

Wednesday, February 24, 2021 11:40:30 AM

Post# of 425854
HDG, See Global-Tech Appliances, Inc v. SEB. Willful blindness is shown to be enough evidence to be legally found responsible for inducement. Having the knowledge that your product will be used in an infringing manner is enough for inducement. Add to that, aiding and abetting the inducement is further evidence to support an inducement claim. So if Hikma announces the potential market size of Vascepa that includes both indications, then produces and supplies enough medication to surpass the market for the skinny label, and announces that they are actively trying to produce much more of the medication, I believe that’s enough to prove knowledge and intent of infringement and willful aiding in the know direct infringement. There’s more circumstantial evidence and direct evidence beyond these factors such as the label and the AB rating to further support AMRN’s claim. IMO
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