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Re: JRoon71 post# 422936

Thursday, 04/04/2024 6:15:32 AM

Thursday, April 04, 2024 6:15:32 AM

Post# of 447398

Ram, but if a doctor is prescribing off-label, then where is the infringement? (assuming another party is not inducing infringement)


The patent being infringed is a use patent. This means that somebody is infringing when they use the product in a certain manner. The doctor and patient are both clearly infringing.

The issue is that one cannot practically sue doctors and patients, So there is no way to enforce at that level,

The "induced" infringement is an argument that somebody else is inducing the doctor/patient to infringe, Be it a manufacture sales pitches (or PRs) or insurance in paying. And those parties can effectively be sued.
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