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Number sleven

10/23/20 6:05 PM

#306736 RE: ziploc_1 #306734

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,

johnking29

10/23/20 6:05 PM

#306737 RE: ziploc_1 #306734

That's probably the cleanest explanation of the problem that I've read... I call it "say it in 2nd grade English!" Much appreciated!

sts66

10/24/20 1:05 PM

#306826 RE: ziploc_1 #306734

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.