Drug Label Established Intent to Induce Although the Drug was Prescribed for Noninfringing Use and the Label was Required by the FDA

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.)