Aren't there a bunch of cases generics won regarding this issue? What is the difference between AstraZeneca vs. Apotex and Warner-Lamber vs. Apotex (Fed.Cir.2003) or Allergan, Inc. vs Alcon Labs., Inc (Fed.Cir.2003)?
I feel this is just confirmation bias...hope not though.
"It [district court] concluded that the downward titration language would cause users to infringe AstraZeneca’s method claims because titrating down from the starting dosage would necessarily lead to once-daily usage. Accordingly, the court held that the label was factual evidence of Apotex’s intent to induce such infringement."
"Federal Circuit reviewed the generic label and agreed with the lower court that the downward titration instructions effectively directed a lowest beginning-dose user...to titrate down to once daily, since there was no other way for such user to titrate lower."
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