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Re: HDGabor post# 332247

Tuesday, 03/30/2021 9:46:05 PM

Tuesday, March 30, 2021 9:46:05 PM

Post# of 425930
What are you referring to regarding “enhanced damages?” My reply is to the notion that Hikma may claim they are not culpable because they only make the stuff... they don’t directly infringe.

“Merely knowing” you are making something that is being used to violate a patent is prima facie inducement to violate the patent. Claims against Hikma won’t be dismissed in SJ because of this. We are not even talking about enhanced damages, just about liability for inducement.

Halo refers to essentially punitive damages which are awarded for reckless behavior or omission to act, which takes is into a different arena. That’s not what we’re talking about here.
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