The court granted plaintiff's motion for summary judgment of indirect infringement based on defendants' use of a label containing "instructions on how to use the product in a manner that encourages acts of infringement" even though "doctors prescribe the drug for a number of non-infringing uses" and defendants used the label only because it was required by the FDA. "Here, the accused infringers will be labeling the product in a manner which encourages direct infringement by others. . . . This objective evidence is critical in determining whether intent to cause infringement exists, and such evidence is sufficient to establish Defendants’ intent."
Eli Lilly and Company v. Actavis Elizabeth LLC, 2-07-cv-03770 (NJD December 31, 2009, Amended Opinion) (Cavanaugh, J.)