Chapter 17 Outline

• Jurisdiction: United States

Chapter 17

Indirect Infringement

§17.01 Introduction

§17.02 Inducing Infringement Under §271(b)

[A] Acts

[1] Sale of Product Needed to Infringe

[2] Provide Instructions, Directions, or Guidance

[3] Corporate Officer Liability

[4] Generic Pharmaceutical Labeling

[a] General Principles

[b] Inducement Found: AstraZeneca v. Apotex (2011)

[c] Inducement Not Found: Takeda v. West-Ward (2015)

[d] GlaxoSmithKline v. Teva (2020-2021)

[i] Facts

[ii] GlaxoSmithKline v. Teva (October 2020), Decision Vacated

[iii] GlaxoSmithKline v. Teva (2021)

[B] Relationship Between Inducing and Direct Infringement

[1] Generally

[2] Proving Direct Infringement

[C] Intent Standard for Inducing Infringement

[1] Pre-2011 Federal Circuit

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