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Wednesday, February 24, 2021 6:25:18 PM
First of all: sorry for my typo. Correctly:
I am not aware anything like this. Hikma does not claim they had no knowledge
No dispute about the prerequisite (existence of direct infringement and knowledge of it by Hikma).
Having knowledge of the system and the high probability of infringement and doing the bare minimum to attempt to make sure it doesn’t happen
omitting language from the label regarding CVD, adding AB rating to your literature, ... is an act(s) of contributory infringement.
supplying IPE in excess of the Marine indication market, is an act(s) of contributory infringement.
All generic manufactures are aware of how the system is gamed to allow infringement outside of the skinny label. Therefore to reduce any chance of liability for contributing to infringement
I believe it’s incumbent upon those that want to sell into a skinny label, to do everything in their power to discourage and prevent infringing uses.
they intend to infringe as much as possible claiming willful blindness or ignorance.
It’s not only about what they say and do but what they don’t say and do that contributes to the inducement and infringement.
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rafunrafun #326606
What am I missing?
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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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