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Re: HDGabor post# 380103

Sunday, 06/12/2022 8:07:24 AM

Sunday, June 12, 2022 8:07:24 AM

Post# of 426487
HDG, I agree that an appropriate use of a PA could insulate insurance companies from obvious infringment. I don't know if the lack of a PA would provide protection.
Hikma is not an impossible position. That is why the magistrate recommend that the case proceed. Take a look at the ruling in GSK v Teva. This ruling blurred the law on infringment. The legal issue that I see is the validity of the carve out. How do you separate VHTG from CVD. I don't see them as two distinct and separate indications. The FDA position on off label prescriptions has nothing to do with patent law.
Sleven,
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