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marthambles

12/03/10 6:41 AM

#109876 RE: Biowatch #109873

It's not "infringing" if you don't sell it



I believe the question in this case is whether the sum of Teva's actions with respect to t-enox are sufficient to meet the "offers to sell" language in the statute.

There does not seem to be much, if any, case law on point.