Tuesday, September 7, 2010

Drug Label May Provide Evidence of Intent to Induce Infringement Even Though Required by the FDA

In granting plaintiff's motion for summary judgment of infringement of its drug patent, the court rejected defendants' argument that "the fact that the FDA required them to use the particular product labels they have proposed negates any finding of specific intent [to induce infringement]. . . . A thief who assaults a man because it was the only possible way to get his wallet from him does not lack specific intent to assault because, under the circumstances, it was a necessary means to accomplish his ultimate goal of robbery. The argument that the thief was just doing what the circumstances required him to do to achieve other ultimate ends does not effectively negate finding specific intent to assault."

Hoffmann-La Roche Inc. v. Genpharm Inc. et al., 2-07-cv-04661 (NJD September 2, 2010, Amended Opinion) (Chesler, J.)

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