Zip, The judge ruled that the label would cause doctors to prescribe for a period of longer than 12 weeks. She ruled that this would cause induced infringement of the marine patents. Wouldn't that ruling also hold for R-IT patents? R-IT patents were not admitted as evidence in the trial.(if I remember correctly) The same ruling that striped the marine patents would seem to also indicate that the generic label would cause induced infringment of R-IT patents because of a longer than 12 week prescription period. What am I missing? Sleven,
The en banc appeal says nothing about Bhatt's analysis of Mori - they intentionally left that out because it's not part of the trial record. See my reply to Sleven about "on claim 1" - had nothing to do with R-IT.